Q: I recently moved into a new home. A friend of my son found a somewhat rusty tool in the garage, which had belonged to someone else. Did the friend acquire the tool or may I demand it?
A: A person’s courtyard can acquire for him, even without the person’s awareness, and even hefker items, with certain limitations (C.M. 243:20; 268:3).
Nonetheless, Mordechai (B.M. #259) cites from Rabbeinu Baruch that a chatzer cannot acquire a lost item sitting in it, even if the owner already had yei’ush. Had the owner known that the item was in the courtyard, he would not have had yei’ush, so that the yei’ush is in error.
Sma (260:2) accepts this opinion. Chasam Sofer (O.C. #44; Y.D. 318) also considers it. However, most Acharonim reject it, because many other Rishonim seemingly disagree, as well as the simple reading of Shulchan Aruch (Taz, R’ Akiva Eiger and Nesivos 260:1; C.M. 268:3). Thus, the tool is yours.
Beis Halevi (3:45:9) suggests that even Rabbeinu Baruch agrees that the chatzer can acquire when the person becomes aware of the lost item in it and intends to thereby acquire the item.
