Detailed Explanation
Gone in the Hilton! implicates the following six laws.
1.Generally,
loose money is standard and has no unique identifying features [Choshen
Mishpat 262: 6, 11, 13] [See Issue 52]. Yet, money lost in wallet will
benefit from the identifying features of the wallet and the contents
thereof [Choshen Mishpat 262: 20].
2.The
responsibility to reunite the article with its loser requires the finder
to safeguard the article. The finder becomes a bailee or a custodian
thereof and is liable to reimburse the loser for damage or loss due to
negligence, yet is not accountable for inadvertent damages or loss due [Choshen
Mishpat 267: 17 Sm"a, Shach]. [For
more information regarding custodial responsibilities, please see Issues
24, Fellow Weekly Special Edition - The Case of the Baffled Babysitter
(Part 2), 26, 33, 47, 49 some of which may be viewed on RabbiHorowitz.com
and Aish.com].
3.Protecting
a fellow from an impending financial loss is as much Hashavat Aveidah as
returning an object of book value [Choshen Mishpat 259: 9]
4. A foremost consideration is the
environment where the article was lost. Generally, an owner will despair
from retrieving an article lost amidst a society inattentive to the laws
of Hashavat Aveidah. Consequently, one may keep an article found in such
an environment irrespective of whether it bears identifying features[Choshen Mishpat 259:3] [See Issue 50].
5. 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. One is required to fulfill It is a Mitzvah to follow this
"noble route" of being "straight and good"[Devarim 6:
18] [See Issues 50, 51, 52, 53].
6. When
returning an article to fulfill the mitzvah of acting straight and good,
one does not bear custodial responsibilities of the item thereof [ Shulchan
Aruch HaRav: Hilchos Metzia].
♦
Application:
To hold Reiss liable for the wallet and all of its contents,
one would have to prove the following three points.
1) Reiss was required
to return the entire find to Martins and
2) Consequently
became a legal custodian of the entire find.
3) Forgetting the wallet on the podium was negligence on his
part and not an accident.
That money is generally unidentifiable and that a Drivers license
lacks legal book value is insufficient grounds to indemnify Reiss from
returning the money and license to Martins. The money is identifiable through
the wallet and identifiable objects therein. While the license has no legal
book value, returning it to the rightful owner protects Martins from having to
purchase a new license, which is a form of Hashavat Aveidah.
Nevertheless, we will indemnify Reiss on two grounds.
1) While there is strong premise to maintain otherwise, there
is sufficient evidence to reason that pressured for time, forgetting the wallet
on the podium at the end of a lecture is an accident and not a form of
negligence. As strong evidence exists on both sides of the argument, a court
would not insist that Reiss pay Martins for the resulting loss [Pischei Choshen:
Hilchos Pikadon 3:4]
2) Reiss found the wallet in the Limousine he hired from Newark Airport.
We can reasonably assume that the majority of people utilizing Limousine
services from Newark
Airport are not Hashavat
Aveidah observers. Consequently, presumably Martins despairs from retrieving
his wallet albeit the existence of clear indentifying features. As such, while
Reiss is required to fulfill the mitzvah of acting straight and good and
pursuing Martins, the letter of the Hashavat Aveidah law does not require him
to do so. As such, pursuing such appropriate course would not impose the
general custodial responsibilities of Hashavat Aveidah performers on Reiss.
Thus, even if Reiss would have been unquestionably negligent in guarding
Martins wallet, he is indemnified from any liabilities thereof.