Detailed Explanation
Popped Justice implicates the following four laws.
1a. While generally, the owner cannot despair from retrieving an article without discovering the loss.One who loses an article to a lion, bear,
and gales of a sea, rush of the river or similar
circumstance of almost sure defeat despairs from ever retrieving it. Protesting
the contrary is like crying over a collapsed home. As such, consciously or
subconsciously the initial owner allows another party to pick up the article.
1b. Nevertheless, when knowing who the initial owner was, the finder is strongly encouraged to act "fair
and good" and return the article nonetheless [See Issues 51, 52, 53]. Torah courts
will even enforce following this noble route when local governments
require returning article under such conditions [Choshen Mishpat 259: 5, 7].
2. Hashavat Aveidah includes protecting a
fellow's belongings from being washed away by flooding, devoured by animals or suffering
any other financial loss [Choshen Mishpat 259: 9].
3. Generally, loose money is standard and has no
unique identifying features [Choshen Mishpat 262: 6, 11, 13].
4. Generally, A's guarded property and real
estate works on A's behalf as A's extended hand and may affect a legal
acquisition of lost/ownerless money or chattel positioned on the property which
A will in all probability find.
A's unprotected property cannot affect a legal
acquisition of money or chattel without A's presence [Choshen Mishpat 268:3].
♦
Application:
Money left in a vending machine or soda falling
from a faulty machine in the park surrounding Sullivan County
courthouse is like losing an article to the gales of the sea. We can reasonably assume that the broad populaces making use of the machine are not Hashavat Aveidah observers. These are
classical cases of "sure losses" and are deemed as though the owner despaired
whether or not the owner knows of the loss. Thus, Sherman may keep his find.
Nevertheless, the Mitzvah of Hashavat Aveidah
would require Sherman
to notify the vendor that his/her machine may be faulty, thereby protecting the
owner from future loss.
There is no way to know who lost the money.
Assuming the money belonged to the previous
customer, the vendor did not acquire the money via his/her "unprotected
change slot" and as such Justice Sherman
becomes the legal owner thereof upon lifting up the ownerless coins.
Although Justice Sherman becomes the rightful owner of both the lost money and extra soda pop can, if the vendor can prove that the machine was
faulty and emitted two cans while only having received payment for one, it would be noble for Sherman to pay for the additional received soda. In fact, he would
be strongly encouraged to do so.
