Detailed Explanation
Background:
We
have explained in detail that a finder may not acquire ownership of a "find" so
long as the owner does not despair from retrieving the lost article. Instead,
should the finder encounter the article before the owner despairs, he or she
must attempt to fulfill the Mitzvah of Hashavat Aveidah, pick it up, safeguard
it, publicize the find and ensure that it is returned to the correct
owner.
An
owner will not despair if there is reasonable hope of retrieving the article.
Losing an identifiable article amidst a society of Hashavat Aveidah observers
lends itself to the owner's reasonable hopes of retrieval. As such, an owner of
an identifiable article found amidst a society in which even most of the
population is Hashavat Aveidah observant does not despair [see Issue 50].
It is important to note that
finding an identifiable article in an area frequented mostly by non-Hashavat
Aveidah observant individuals is not a free license to keep the article.
Although the owner will probably despair upon discovering the loss, and as such,
the finder need not publicize the find, if the owner does actually produce
identifying details, it is noble and morally correct for the finder to return
the article to its original owner. It is a Mitzvah to follow this "noble rout"
of being "straight and good".
Although court maintains no legal right to
penalize one for opting not to do so, the finder is strongly encouraged to
return the article under such conditions. Note: A destitute finder is morally
exempt from returning a find under such conditions to an otherwise affluent
original owner. Instead, the original owner has a Mitzvah to be "straight
and good" [Devarim 6: 18]. He should allow the
finder to keep the find without a conscience. [Choshen Mishpat 259: 5].
Emerald Cabochons and Belgian Chocolates implicates the following three laws.
1. Identifying
features include unique size, shape, color, weight, and packaging to name a few [Choshen
Mishpat 259:2, 262:6].
2. Similarly,
the intentional positioning and setting of an article may serve as an
identifying feature if it is unique [Choshen Mishpat 259:2, 262:3] Note:
An expert is able to distinguish identifying features that may not be discernible to the amateur's eye.
3. Providing
identifying features on one article can only indicate ownership of an adjacent
"lost article" if it is clear that the two articles were lost together [Choshen Mishpat 262: 20]. Otherwise, the original owner must produce separate identifying features for each article.
Belgian Chocolates
The ever-growing family of Pralines,
Fresh Cream, Truffles, Genache, Gianduja, Marzipan, etc, and their innumerable
packaging styles and a selection of finer manufacturers leave an incredible
selection of literally hundreds of variables. Clearly, a box of Belgian
Chocolates would pass as an identifiable article.
The position of the find though on the showcase
could only serve as an identifying feature if it was an unexpected position-
something unique and out of the ordinary.
Emerald Cabochons
Similarly, while perhaps lacking
the numerous details of faceted cut colorless diamonds, the smooth cut Emerald Cabochons,
indeed bear countless identifying features.
Let us familiarize ourselves with a bit
of pertinent information regarding gem cutting and emeralds cabochons in
particular. [The following information is gleaned from the Britannica Dictionary, and
various Wikipedia articles on Emeralds, Sapphires Cabochons, Facet Cuttings].
"The ideal product
of facet cutting is a gemstone that displays a pleasing balance of internal
reflections of light known as brilliance, strong and colorful dispersion
which is commonly referred to as "fire" and brightly colored flashes
of reflected light known as scintillation. Typically, transparent to
translucent stones are faceted.
The angles used for
each facet play a crucial role in the outcome of a gem. While the general facet
arrangement of a particular gemstone cut may appear the same in any given gem
material, the angles of each facet must be adjusted carefully to maximize the
optical performance. The angles used will vary based on the refractive index of
the gem material. When light passes through a gemstone and strikes a polished
facet, the minimum angle possible for the facet to reflect the light back into
the gemstone is called the critical angle. If the ray of light strikes a
surface lower than this angle, it will leave the gem material instead of
reflecting through the gem as brilliance.
A cabochon however is a gemstone which has been shaped and polished as
opposed to faceted. The resulting form is usually a convex top with a flat
bottom. Cutting en cabochon is usually applied to opaque gems, while faceting
is usually applied to transparent stones. The usual shape for cutting cabochons
is an ellipse.
Nevertheless, emeralds,
like all colored gemstones, are graded using four basic parameters, Color,
Cut, Clarity and Crystal or transparency. Normally, in the grading of colored gemstones, color is by
far the most important criterion. However, in the grading of emerald, crystal
is considered a close second. Both are necessary conditions. A fine emerald
must possess not only a pure verdant green hue as described below, but also a
high degree of transparency to be considered a top gem.
Color:
Scientifically speaking, color is divided into three components: hue,
saturation and tone. Yellow and blue, the hues found adjacent
to green on the spectral color wheel, are the normal secondary hues found in
emerald. Emeralds occur in hues ranging from yellow-green to blue-green.
Clarity:
Emerald tends to have numerous inclusions and surface breaking fissures. Thus,
if an emerald has no visible inclusions to the eye (assuming normal visual
acuity) it is considered flawless. Stones that lack surface breaking fissures are
extremely rare and therefore almost all emeralds are treated,
"oiled", to enhance the apparent clarity. Eye-clean stones of a vivid
primary green hue (as described above) with no more than 15% of any secondary
hue or combination (either blue or yellow) of a medium-dark tone command the
highest prices. This relative crystal non-uniformity makes emeralds more likely
than other gemstones to be cut into cabochons, rather than faceted shapes."
Application:
Emerald Cabochons are not
standard. They have an innumerable amount of identifying features ranging from
hue, saturation, tone, weight, cut - shape, clarity number of inclusions, transparency, degree of treatment etc.
In addition, the Belgian chocolates
have an innumerable number of identifying features.
However, it is reasonable to
assume that the positioning of the emerald and the chocolate on Mark's showcase
were nothing unique.
Having visited scrupulous
individuals, the owner remains hopeful of retrieval. Mark may not keep his find.
He must publicize the find without revealing too many identifying features,
[Choshen Mishpat 267:4] whereby leaving room for the truthful owner to prove ownership thereof by produce the
accurate identifying features. Sending
an email to the salespersons that walked through his door that day [Choshen
Mishpat 262: 4] informing them that someone "left something behind in my office
today" would warrant a good publicizing effort. [See further issues for more
detailed discussion on the topic of effective publicity.]
Even if the original owner would have despaired, if the salesman subsequently produced the accurate identifying features, Mark would fulfill the Mitzvah of being straight and good by returning his find to the original owner.
Presumably, there was no indication that the Emerald and Chocolates were left together. Thus, Mark must require the original owner to produce separate identifying features for the Emerald as well as for the Belgian Chocolates.