Yei’ush – Abandonment #20
Swept by a River
Q: While boating on the river, I found a lost item floating. May I keep it?
A: When swept by a river, we distinguish between cases when the owner cannot save the item, and when he can. We can extrapolate from this to other cases of calamity.
When the item is most likely lost completely, such as when swept out to a large river or sea, or when a fire rages and the owner fled, the finder can keep the item even if the owner is not yet aware of the loss, or, alternatively, even if he declares that he does not have yei’ush, and even if he futilely chases after the item (C.M. 259:7; Sma 259:16; Rema 264:5).
Some explain that this is also based on yei’ush. Since the yei’ush is self-evident, the Torah allowed the finder to keep the item even when there is a siman, and even before the owner knows of the loss. Moreover, we disregard his statement that he does not have yei’ush, and consider him as one who bemoans an inevitable loss (Rambam, Hil. Gezeilah v’Aveidah 11:10; Nachalas Dovid B.M. 22a, based on Ritva).
Others explain that the Torah considers this case as automatic hefker, which is stronger than yei’ush (Ramban B.M. 22b; Nesivos 262:3).
