Gezelah va'Avedah - Chapter Seventeen

Whenever we have said that the finder acquires the lost article he discovers, it does not become his property until it reaches his hand or his domain. If, however, he sees a lost article - even if he falls upon it - and then another person comes and takes hold of it, the person who takes hold of it acquires it.

If a person was riding on an animal and he saw a lost article and told a colleague, "Acquire it on my behalf," when the colleague lifts it up for him, the rider acquires it, although the rider himself did not take possession of it.

If the rider told his colleague: "Give it to me," and the colleague takes it and then says, "I acquired it for myself," the person who took it is granted possession. If, however, he gives it to the rider and then claims to have taken possession of it for himself, his words are of no consequence.

When a person lifts up a lost object on behalf of a colleague, the colleague acquires it, although the colleague did not tell the finder anything.

When two people lift up a lost article together, they both acquire it.

When a deaf mute, a mentally incompetent person or a minor lifts up an article on behalf of a mentally competent individual, the mentally competent individual does not acquire the article. For these three types of individuals are not considered of sufficient mental capacity to acquire an article on behalf of another person.

If a deaf mute and a mentally competent individual lift up an article together neither acquires it. For since the mentally competent individual does not acquire a share, the deaf mute also does not acquire a share.

If both of the people who pick up an article are deaf mutes, our Sages ordained that they should acquire it to prevent strife from arising.

When two people see an ownerless camel or donkey and both rush and lead it, or both draw it after them, or one leads it and one draws it after himself, they both acquire it.

When does the above apply? With regard to a donkey. With regard to a camel, by contrast, if one leads it and one draws it after himself, the one that draws it after himself acquires it, and not the one that leads it.

When a person rushes and grabs the reins of an ownerless animal, he does not acquire it until he draws it after him or leads it. The same applies with regard to an animal belonging to the estate of a convert who died without an heir. He does, however, acquire the reins themselves.

The following rules apply when one person rides on an ownerless animal and one holds its reins. The rider acquires the animal and the portion of its reins attached to its cheeks. The one holding the reins acquires the portion that he is holding, and the remainder of the reins are not acquired by either one.

A person's courtyard can acquire property for him without his being aware of it. Thus, if a lost object falls into a person's courtyard, he acquires it.

When does the above apply? When the courtyard is protected. When, by contrast, a lost article enters a person's field or garden different rules apply. If he is standing at the side of his field and says, "May my field acquire it for me," he acquires it. If, however, he is not standing there, or he is standing there but does not make such a statement he does not acquire it, and the one who takes possession first becomes the owner of the lost article.

Similarly, the area within a radius of four cubits next to the place where a person is standing can acquire property for him like his own courtyard. If a lost object comes into these four cubits, he acquires it.

Our Sages ordained this convention so that people who discover lost articles should not come to strife.

When is this convention employed? In an alleyway or at the sides of the public domain, which are not crowded with many people, or in a field that is ownerless. When, however, a person stands in the public domain or in a field belonging to a colleague, the area within a radius of four cubits cannot acquire property on his behalf. In such a place, he cannot acquire a lost article until it reaches his hand.

A female minor may acquire an article by virtue of its presence in her courtyard or within the area within a radius of four cubits of her. A male minor, by contrast, may not acquire an article by virtue of its presence in his courtyard or within the area within a radius of four cubits of him.

The rationale for these laws is that we derive the concept that a female minor may acquire property by virtue of its presence in her courtyard from the fact that she is able to acquire an article that is placed in her hand. For just as she can be divorced by virtue of a bill of divorce being placed in her hand, so too, can she be divorced by virtue of a bill of divorce being placed in her courtyard. And just as her courtyard is effective with regard to the acquisition of a bill of divorce, so too, it is effective with regard to the acquisition of a lost object. From this we also conclude that she may acquire an article by virtue of its presence in the area within a radius of four cubits of her, for this area is considered her courtyard with regard to the acquisition of a lost article.

The potential for a man to acquire property by virtue of its presence in his courtyard is derived, by contrast, from the fact that he is able to acquire an article via an agent. Just as an agent can acquire an article for him, so too, can he acquire an article by virtue of its presence in his courtyard. Since a male minor is incapable of charging an agent to act on his behalf, so too, he cannot acquire an article by virtue of its presence in his courtyard or in the radius of four cubits around him; it must reach his hand.

The following rules apply when a person sees other people chasing an ownerless [animal that is moving - e.g., a] wounded deer or young doves that cannot fly in his property. When the following conditions are met: he was standing at the side of his field, the animals were on his property, and he could catch them if he ran, he can acquire them by virtue of their presence in his field if he states: "May my field acquire them for me."

If he cannot catch the animals, they are like a deer that runs normally and doves that can fly, his words are of no substance. Instead, whoever catches them first acquires them.

If they were given to him as a present, since another person transferred ownership of them to him, and they are moving in his field, he acquires them by virtue of their presence in his field. Even if they were given as a present, if the deer can run normally and the doves can fly, he cannot acquire them by virtue of their presence in his field.

As a reflection of the paths of peace, the prohibition against robbery applies to a lost object taken by a deaf mute, a mentally incompetent individual and a minor.

As such, if a person transgresses and robs such an article from one of these individuals, it cannot be expropriated from him by legal process. If he denies taking the article and takes an oath to that effect, he is not liable to pay an additional fifth.

A person acquires a lost article discovered by the following individuals: a) his son or his daughter who derive their livelihood from his household, even though they are past majority,

b) his daughter who is a na'arah,^" even if she does not derive her livelihood from his household - indeed, even if she has been sold as a maidservant,

c) his Canaanite servants and maidservants,

d) his wife.

A person does not, however, acquire a lost object discovered by a son who does not derive his livelihood from his father's household even if he is a minor, his Jewish servants and maidservants, and his wife who has been divorced, even if there are doubts concerning the validity of the divorce.