Rambam - 1 Chapter a Day

When a person finds a lost object that he is obligated to return, he is obligated to announce its discovery and make it known, saying: "Whoever lost this type of article should come, identify it with marks and take it."

Even if the article was worth a p'rutah at the time of its discovery, but depreciated in value, the finder is required to announce its discovery.

There was a large stone outside of Jerusalem on which the announcements would be made.

How is an announcement made? If a person discovered money, he announces: "Whoever lost coins should come...." Similarly, he announces "Whoever lost a garment..." "... an animal..." or "... promissory notes should come, identify them with marks and collect them."

He need not worry because he mentioned the type of object that was discovered, for he will not return it until it is identified with distinctive marks.

If the owner of the lost object came and identified it with marks that are not distinctive, it should not be returned to him until he identifies it with distinctive marks.

When a person is known as a deceiver, a lost article should not be returned to him even if he identifies it with distinctive marks. He must bring witnesses who testify that the article is his. Our Sages said: "Deuteronomy 22:2: "It shall remain in your possession until your brother asks... ," can also be interpreted to mean that one must examine the person to see whether or not he is a deceiver.

At first, whenever a person lost an article and came and identified it with marks, it would be returned to him, unless he was known as a deceiver. When the amount of deceivers proliferated, the court ordained that when a person claimed a lost object, he would be told: "Bring witnesses that you are not a deceiver. Then you may take it."

Distinctive marks are relied upon and used as the basis for court rulings in all matters according to Scriptural law. An object's measure, weight, its number or the place where it was lost are considered distinctive marks.

If two people come, and both identify the article by its marks in the same manner, the article should not be given to either of them. Instead it should remain in the finder's possession until one of them acknowledges his colleague's claim or they arrive at a compromise.

If one of them identifies the article by marks and the other brings witnesses who testify that the article is his, the article is given to the one who brought witnesses.

If both claimants identify the article with marks and one brings one witness to support his claim, the presence of the witness is not considered of consequence, and the article should remain in the finder's possession.

If a person finds a dress or an article of that nature and there are two claimants, one brings witnesses who testify that it was woven for him and one brings witnesses who testify that it fell from his possession, it should be given to the one whose witnesses testify they saw the article fall.

If one identifies it by stating its length and the other identifies it by stating its width, it should be given to the one who stated its length, for it is possible for a deceiver to deduce its width by watching its owner when wearing it.

If one identifies it by stating its length and width, and the other identifies it by stating its weight, it should be given to the one who stated its weight. If one identifies it by stating its length and width, and the other identifies it by stating the measure of its fringes, it should be given to the one who stated its length and width.

Originally, whoever would find a lost object would announce its discovery at three successive pilgrimage festivals. On the first festival he would say that he was making this announcement for the first time. On the second festival, he would say it was the second time.

On the third festival, he would announce the discovery of the article without mentioning the number of times, lest a listener hear incorrectly and confuse the second announcement with the third. After the third festival, he should wait seven days and make a fourth announcement. This provision enabled a person who heard to travel home in three days, check his household articles and return in three days. Thus, he could meet the person when he made the fourth announcement on the seventh day.

When the Temple was destroyed, our Sages ordained that announcements should be made in synagogues and houses of study.

When there was an increase in the number of men of violence who say: "All lost objects belong to the king," our Sages ordained that announcements should be made discreetly to one's neighbors and associates. That is sufficient.

If an announcement or notification was made and the owner did not come to claim the discovered object, it should remain in the possession of the finder until Elijah the prophet comes.

If it is lost or stolen while it is in the finder's possession, he is responsible for it. If it is destroyed by forces beyond his control, he is not liable. The rationale is that a person who cares for a lost object is considered a paid watchman. For he is involved in the performance of a mitzvah, and as such is freed from the obligation to perform several positive commandments as long as he is occupied with guarding it.

The finder must pay attention to the lost article and inspect it so that it will not become spoiled and ruined over the course of time. This may be inferred from Deuteronomy 22:2, which states: "And you shall return it to him." Implied is that one must see to it that the article will in fact be returned intact.

What is implied? If one finds a woolen garment, one should shake it out every 30 days. He should not shake it out using a staff, nor with two people.

He may spread it out on a couch for its benefit alone, but not for its benefit and for his benefit. If guests visit him, he should not spread it out in their presence even for its own benefit, lest it be stolen.

If one finds wooden utensils, he should use them so that they do not rot. If he finds copper utensils, he should use them for hot substances, but he should not expose them to fire, because they become worn. Silver utensils should be used only for cold substances, but not for hot substances, because they become discolored.

If one finds rakes or hatchets, one should use them with soft substances, but not with hard ones, lest their value deteriorate. If one finds golden utensils, glass utensils or linen garments, one should not touch them until Elijah arrives.

The same principles that apply to a lost object which one discovered apply to an entrusted object whose owner undertook a long journey.

If he finds scrolls, he should read them once in 30 days. If he does not know how to read, he should roll them every 30 days. One should never study a subject for the first time, [from the scrolls], nor should one read a passage and repeat it or translate it.

One should not open the scroll more than three columns wide. Two people should not read two different subjects from the same scroll, lest each pull it to himself and ruin the scroll. Two people may, however, read the same subject. Three people may not read from the same scroll, however, even if they are reading about the same subject.

If one finds tefillin, he may have their value appraised and don them.

The rationale is that tefillin are common-place articles, possessed by everyone, and their purpose is only for the sake of the fulfillment of the commandment.

The following rules apply if a person finds a living being that must be fed. If the found object may be used to earn money although it eats - e.g., a cow or a donkey - the finder should care for them twelve months from the day of their discovery. He should hire them out and feed them. If the rental he receives for their hire exceeds the cost of their food, the additional amount belongs to the owner. Similarly, if one finds chickens, one should sell their eggs and feed them for twelve months.

From this time onward, one should have their value assessed, and they are considered as belonging in partnership to the finder and the original owner. The arrangement is governed by the laws applying to one who raises livestock for a colleague.

If one finds calves or ponies that pasture, he should care for them for three months. If he finds beasts that must be fed, he should care for them for 30 days.

If he finds large geese or roosters, he should care for them for 30 days. If he finds younger fowl and any other live being whose care is more costly than the wage that may be earned with it, he should care for them for three days. Afterwards, he should sell them in the presence of a court.

Similarly, if produce has begun to rot, or other similar things occur to a lost object, it should be sold in the presence of a court.

What should be done with the money from the sale? It should be given to the finder. He has permission to use it as a loan.

Therefore, if the money is lost by forces beyond his control - e.g., it was plundered by an attacking force or it sank in the sea - he is liable for its repayment even if he never made use of it. Since he has permission to use it, it is as if he borrowed it.

Which funds may a finder make use of? The money received for the sale of a lost object. Since he cared for the object he is given this privilege. If, however, a person finds money, he should not make use of it. Therefore, if it is lost because of forces beyond his control, he is not liable, for he is considered a paid watchman, as explained above.

During the entire time in which the finder cares for the lost animal before selling it in court, if he feeds it from his own resources, he must be reimbursed by the owner. It appears to me that he is entitled to collect this sum without supporting his claim with an oath. This is a decree ordained for the benefit of society.

When a person finds a lost object, he is not required to take an oath. This is a decree ordained for the benefit of society. For if a finder of a lost article were required to take an oath, he would ignore the lost article and proceed on his way, so that he would not be required to take the oath.

Even if a person found a wallet, and the owner of the wallet claimed that there was another wallet tied together with it, and it would be impossible to find one without finding the other tied to it, the finder is not required to take an oath.