Halachos for Erev Shabbos Kodesh
1) The obligation to return a lost item to its rightful owner applies only to a lost object belonging to a Jew.
If
it is known that the item belongs to a non-Jew it is forbidden to
return it, and if he does return it he has transgressed a sin.
(Shulchan Aruch Choshen Mishpat Siman 266:1, based on Talmud Bava Kama
113b. See also Sm"a S"K 2. See also Be'er Hagolah on the Shulchan Aruch
ibid. Os 2 where he writes that based on the Rambam's interpretation of
the sin, it would only apply to non-Jews who do not believe in Hashem as
the Creator of the world. See also Bais Yosef beginning of Siman 266)
2)
In the event that not returning it to the non-Jew would result in a
Chilul Hashem, for instance if it was found in an area that has a
majority of Jews and thus the non-Jew who lost it there will think that a
Jew stole it, then it must indeed be returned to the non-Jew.(Shulchan
Aruch ibid. and Sm"a S"K 3. See also ben Ish Chai; year 1 Parashas Ki
Savo Siman 8 that in this case it would then be a biblical obligation to
return it.)
Likewise,
if one returns the item to the non-Jew with the intention to cause a
Kiddush Hashem, i.e. to cause the non-Jew to praise the integrity and
honesty of Jewish people, it is then indeed praiseworthy to return the
item. (Shulchan Aruch ibid.)
Halachos for Shabbos Kodesh
1)
A lost object that is found in an area that is inhabited mostly by
non-Jews, even if it has an identifiable Siman, may be picked up and
kept by the finder.
The
reason for this is that we assume it was lost by a non-Jew and thus
needn't be returned. Additionally, even if it were a Jewish person's
object, being that it was lost amongst non-Jews we assume the owner had
Yi'ush. (Shulchan Aruch Choshen Mishpat Siman 259:3, Taz there and Sm"a S"K 9. See Also Ben Ish Chai; year 1 Parashas Ki Savo Siman 4)
2)
The exception to the above rule is when the item that is found is a
Sefer or any other Tashmishei Kedusha (e.g. Tefillin or even other
Judaica items), as even when they are found in a predominantly
non-Jewish area, they must be picked up and returned to their rightful
owners. (Rama Choshen Mishpat Siman 259:3)
The
reason for this is that with such items we know the owner is most
likely Jewish, and furthermore being that it's such an item, which has
little interest to non-Jews, the owner does not have Yi'ush and assumes
that non-Jews will ignore it and a Jew will eventually find it and
return it. (Rama ibid. and Sm"a S"K 8. See also Rama Siman 236:8)
Important Numbers
