Erev Shabbos Kodesh Parashas Vayeira

17 Cheshvan 5773

November 2 , 2012 

Halachos for Erev Shabbos Kodesh

1) One who spots a lost item [belonging to a Jew] is obligated to pick it up and return it, without charging for this action. (Shulchan Aruch Choshen Mishpat Siman 265:1)

In fact, he must exert his full energy into getting the item back to its rightful owner, even if the item is worth very little money (as long as it's worth more than a perutah) (See Shulchan Aruch HaRav Hilchos Metziah U'Pikadon Siman 33)

2) If the appreciative owner wants to pay the finder for his service, the finder should tell him that he did it for the Mitzvah and not for any monetary reward.

If the owner insists that he still wants to compensate the finder for his good deed, it is permissible for the finder to accept the reward. (See Shu"t Teshuvos V'Hanhagos Vol. 3 Siman 463)

Halachos for Shabbos Kodesh

1) There is no obligation to spend money in order to fulfill the obligation of Hashovas Aveidah.

Thus, if one will incur a financial loss by returning a lost item he is exempt from doing so. (See Shulchan Aruch HaRav ibid. See also Bais Yosef Choshen Mishpat Siman 426 quoting the Rosh in Sanhedrin 73 and Shu"t Chavos Ya'ir Siman 165)

2) Even if one will have to forgo on a profit, in order to fulfill Hashovas Aveida, he is exempt from doing so. (Shulchan Aruch HaRav ibid.)

However, if the finder is sure that the owner will compensate him for his financial loss or loss of profit incurred due to his returning the lost item, he is indeed obligated to spend the money or forgo the profit in order to return the item to its rightful owner. (See S'ma Siman 426:1)