NARR 393-394

CCAR RESPONSA

New American Reform Responsa

241. Lost Property

QUESTION: A Russian Jewish Immigrant family which recently arrived in America has discovered that one of the suitcases brought along did not belong to them. It is a small suitcase which contains family mementos as well as some Hebrew books. Only Hebrew names were given in the volumes with no indication of the rightful owner. They have kept the suitcase for some time with the hope that some inquiries would locate the proper owner. Now they wish to dispose of it and do not know what to do with the contents and especially with the Hebrew books. How long need they wait for the rightful owner to appear? What action should they take? (Karen Ruttenberg, Birmingham AL)ANSWER: It is understandable that the confusion of immigration may lead to the loss of personal objects. It has always been considered a mitzvah to restore a lost object to its owner (Deut 22.1; B B 23b ff; B K 54b ff; San 73a; Yad Hil Gezelah Veavedah 11; Shulhan Arukh Hoshen Mishpat 259, 263). It was incumbent upon the individual who found a lost animal to keep it and feed it virtually indefinitely until the rightful owner appeared to claim it. He could, of course, at that time ask that proper recompense be made for the care which he provided for the animal (Deut 22:2 and commentaries), but beyond that he had no claim on the property. In this instance the family feels that the books have become a burden and they do not think that anyone will ever claim them. It would be appropriate to place them in a communal setting, preferably a synagogue. A memorandum should be circulated among the local Russian Jewish community and in other cities in order to discover the rightful owner. If that fails, the synagogue should simply add this suitcase of books and other objects to its genizah and leave them there indefinitely. If they have not been claimed within a generation, it would be possible to give them to an archive. As these objects were considered sufficiently important to be among the few possessions taken from Russia, they will surely be claimed. The items should be stored in a synagogue or public institution with enough publicity, so that they may be claimed by their rightful owner.February 1991

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