Detailed Explanation
Visiting Day implicates the following eight laws.
1.Generally, the owner cannot despair from retrieving an article without discovering the loss.
2. As long as the owner has not despaired, one may not leave an identifiable object in an unprotected
area.
3.
Identifying features include unique size, shape, weight, packaging,
and quantity as well as other non-standard features [Choshen Mishpat 259:3, 262:3].
4. The finder should publicize the find in a manner through which it is reasonably possible for the loser to see the posting. Examples
are local public billboards, synagogues, local circulars and media venues [Choshen
Mishpat 267: 3].
5.
The mitzvah of Hashavat Aveidah requires the finder to care
for the article and take measures that the article does not depreciate in the
interim [Choshen Mishpat 267: 17]. Assuming the article has no sentimental
value, if it will depreciate considerably before the finder is able to return
it, the finder may convert the item into its present cash value and use it [Choshen
Mishpat 267: 21].
If the finder has no
use for the article, he or she must sell it and return the cash value to the
rightful owner [Mishna Berura 443: 11]. Nevertheless,
if the finder does not sell it, he or she is not liable to compensate the loser
for the loss [ibid].
6. The finder must inconvenience him/herself and extend a reasonable effort to return the
lost article [Choshen Mishpat
7. Nevertheless, the finder need not incur a financial loss in the
effort to return the article. Losses are not limited to finances. For example, one need not compromise
on other social responsibilities to perform Hashavat Aveidah. Nevertheless, one who is perpetually stingy about
helping others will become cruel and eventually become needy whereby having to
come on to others [Choshen
Mishpat 267: 1].
Thus, as long as pursuing the owner remains a bother but does
not yet cause the finder a "loss", the finder is required to do so. The Torah leaves the balance
between the two extremes to the finder's responsible discretion.
8.
The finder must keep unclaimed items under his or her guard until
Elijah comes and identifies the owner [Choshen Mishpat 267: 15]. However, one need not keep a commonly
accessible item ad infinitum. Instead, one may 'purchase it' from the claimant
and put the purchase money aside until the coming of Elijah [Igros Moshe].
♦
Application:
The parcel Mrs. Miller found still belongs to Dani's
parents. If Dani received the parcel, it is possible that he is too young to legally despair from retrieving
it. If Dani never received the package, his parents do not know that it was
lost and as such did not despair. Thus, Mrs. Miller cannot leave the item be
nor may she keep it for herself.
Identifying features:
While most of the articles in the package are standard, the contents
of the care-package as a unit were unique.
Thus, providing the content information is equivalent to
providing unique identifying features worthy of retrieving the article.
Care for the article:
Included in Hashavat Aveidah is seeing that the article not
become valueless. Thus, if Mrs. Miller reasonably assumes that the dairy cake
will spoil before retrieved, she should freeze it. Or else, she may buy it, enjoy it and leave its monetary equivalent.
Practically Publicizing Find:
Initially in the days of the Temple, we had a national central Hashavat
Aveidah station. Once we dispersed throughout the Diaspora, publicizing in the locale
of the find was the recommended and most practical manner of fulfilling one's
duty. Thus, the local synagogue took on the compromised role of the national central
meeting station.
Accordingly, leaving a note near the place of find and publicizing
the find in one of the local camps could be sufficient. Thus, Mrs. Miller could
give the parcel in to Benny's camp office and see to it that the office staff publicize
the loss and return the package to the claimant who can define all the items in
the package.
This is a simple approach which would not infringe on Mrs. Miller's
social responsibilities back home in Scranton and would complying with the initial
Diaspora protocol. (Arguably spending the night going through the hundreds of
camps in the area would compromise on her duties back home.)
However, the great advances in transportation, a product of the
industrial revolution, created challenges in locating losers by simply
posting a note in the local area of find. Thus, while Mrs. Miller might not be required
to do more, posting the loss in one camp will barely assist the loser if Dani
is a camper in a different camp.
Nevertheless, the industrial revolution produced its own
solutions. The legendary 19th century Halachic adjudicator, Rabbi Moshe
Sofer a.k.a the Hatam Sofer ruled that the modern day equivalent to local synagogue
posting is posting in a popular local newspaper [Choshen Mishpat responsa 122].
Arguably, today the use of the central HashavasAveidah.com site and providing Benny's camp information would afford the most effective way
of publicizing the find.
Hopefully, Dani's parents would notice the posting sooner or
later and pursue its retrieval.
As noted, Mrs. Miller should not leave the care package in
the unprotected parking lot. Thus, if leaving it with the camp staff is not an
option, she should take the package home with her, post the information on HashavasAveidah.com and safeguard the package until Dani's parents legally retrieve it.
Returning the Package
Mrs. Miller is not required to spend money to reunite the
parcel with Dani's parents. Thus, Mrs. Miller is only required to send the
parcel in the mail to Dani's parents, if they will pay for the incurred costs. If
Mrs. Miller is unsure if they will do so, she is not required to send the package
to them.