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- Bemare Habazak - Rabbis Questions
Answer: There are two questions – about returning and about protecting the objects. They are, though, quite related.
In the past (Living the Halachic Process, V, I-6), we have brought the question that Acharonim have discussed – whether it is enough for one to inform the owner that his item is available by you, or whether you must actively return it. Regarding the mitzva to return that which he stole, it suffices to tell the victim that he can come get his object (Shulchan Aruch, Choshen Mishpat 367:1). It is unclear whether this is the standard halacha regarding mitzvot of returning or a special dispensation to promote teshuva (see Shach ad loc. 2). There are different possible ways to read the p’sukim (Devarim 22:1-3) in this regard. The more accepted approach is that informing suffices (Pitchei Choshen, Aveida 7:(2)).
Along with the obligation to return, there is an obligation to protect the object until you have succeeded to return it (see Devarim 22:2 and Shulchan Aruch, CM 267:17). If informing him counts as returning, it should also remove the requirement to guard them (see Torat Ha’aveida (Tzabari) 12:11). The main point is that at this point, the item is no longer lost, and therefore its welfare is the owner’s responsibility.
This is in line with the Rama’s opinion (CM 261:4) on aveida mida’at (one who knowingly leaves his object in a precarious situation). Even though he holds that this does not make the object hefker (ownerless), the finder does not have to care for it. Also, one could argue that your yard is not considered a precarious place, as you would not take someone’s property. However, it is still likely in a precarious position regarding protection from the elements.
Bemare Habazak - Rabbis Questions (651)
Rabbi Daniel Mann
655 - ASK THE RABBI: DIFFERENT STANDARDS OF SHABBAT CLOTHES CLEANLINESS
656 - ASK THE RABBI: RETURNING UNCLAIMED ITEMS
657 - ASK THE RABBI: TEACHING HAGBAHA TO A SON
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The gemara (ibid. 26b) says that the positive mitzva begins from the time the finder takes the object. Could it be that if the things are where they fell, you have no obligation? Halachically, in many ways, things that are in one’s property are as if they are in his hand (ibid. 10b). The Ra’avad (Aveida 7:14) says that the fact that the lost item is in the finder’s property creates an obligation of hashavat aveida (in his context, it prevents the finder from claiming it after the owner’s subsequent yeiush). Even Haezel (ad loc.) clarifies that this obligation without moving the object begins only from the time the property owner knows it is in his domain. But from that point, which you are already at, the obligation exists until the loser receives it or finds out about it and can get it.
Therefore, we suggest the following. Be in touch with the neighbors who could own things in your yard. Come to an agreement about their expectations of you. If they all agree, you can leave them where they are, or set them aside in a convenient place for them to claim. Only if (common these days) the people trust each other not to take that which is not theirs (Bava Metzia 27b), we have modern arrangements to more easily share with a group of people what is missing so they can come and claim their lost items.
Bemare Habazak - Rabbis Questions Ask the Rabbi: Having a Non-Jew Build a Sukka and Assemble Arba’a Minim
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