Q: I found something in a mall where most customers are Jewish, but the vast majority of personnel are gentile. Can I presume the owner’s yei’ush?
A: Although we previously mentioned that we follow the majority of people who pass through, whether Jewish or gentile, when there are regular workers present in a consistent manner, we follow them rather than the passersby (see Rema C.M. 259:8).
Thus, in a place that the workers are Jewish, we do not presume that the owner has yei’ush, even if the overall area is gentile. Conversely, in a place where gentile workers are present consistently, we presume yei’ush even if most people going in and out are Jewish.
Thus, in a public place such as a wedding hall, hotel, or mall, even where most people going in and out are Jewish, if the regular personnel who would find lost items are mostly gentile, we presume yei’ush if reasonable to assume that the owner was aware of the loss.
[If there are surveillance cameras, so that the workers are afraid to take something not theirs, perhaps the halachah would be different.]
