M4
We are to return anything we find which was lost by another. If he is not near us or we do not know who he is, we are to keep it safe for him until he claims it.
Category: Morality & Compassion
Type: Negative
Form: Explicit
Source dataset: Old Testament
Uniqueness: Not unique
Classical commandment: Yes
New Covenant Literal Application
Applies to Person Categories: Not specified
Literal Application: Not specified
More explanation about New Covenant Literal Application
The New Covenant Literal Application Code (NCLA) is an interpretive guide used by the authors to indicate which person categories a mitzvah applies to, and at what level of literal compliance.
It combines person categories such as Jewish, K'rov Yisrael, and Gentile, together with male/female distinctions and an application level such as mandated, recommended, optional, or prohibited.
This code reflects the authors' interpretive opinion and is provided for prayerful consideration. On this page, the technical code is summarized into plain language to help new readers understand it more easily.
Bible references
Key NT Scriptures
- 2 Corinthians 8:20-21
Key OT Scriptures
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Deuteronomy 22:1-3
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Exodus 23:4
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Leviticus 5:21-24
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Commentary
Rabbi Michael Rudolph
The Deuteronomy verses that support this Mitzvah speak of an item lost by a brother. Nevertheless, Exodus 23:4 and general principles of morality strongly suggest that it must apply to a non-brother as well - even an enemy - for otherwise, the finder would be unjustly enriched at the expense of the loser. It is therefore logical that if the finder knows the loser and does not return the article, his omission amounts to constructive theft. Deuteronomy 22:2 contains a departure from many secular laws today that permit a finder of lost property to take ownership of it if it is not claimed within a specified period of time. Scripture forbids a person from ever claiming title to a lost item, even if the owner is unknown or at a great distance so that return would be impractical. The finder must keep the item safe, and take reasonable steps to discover its owner. It is significant that some state governments today also prohibit the finder of property from keeping it, by providing that certain kinds of unclaimed property escheats to the state if the owner does not come forth to claim it within a prescribed period of time. There are no New Covenant Scriptures that speak directly of finding and returning lost property, but Matthew 7:12 and Luke 6:31 should nevertheless apply.
Classical commentators
Meir and Maimonides differ in their opinion as to whether our obligation related to lost property applies to non-brothers (i.e. Gentiles); Meir restricts his mitzvot to Jews who find the property of other Jews, while Maimonides makes no such distinction. Neither Maimonides, nor Meir, nor Hachinuch include Deuteronomy 22:2 as a reference source for their respective mitzvot . HaChinuch says that we must return property belonging to a brother Jew, but he also quotes Sages who say that found property that has no identifying features need not be returned. Examples of such property are: scattered fruit, scattered money, small bundles of grain in a public area, round packets of pressed figs, strings of fish, pieces of meat, and similar items. The rationale for this is that when one loses these kinds of items, the owner gives up the hope of retrieving them, and thereby loses his right of ownership.
Copyright © Michael Rudolph and Daniel C. Juster, The Law of Messiah, Torah from a New Covenant Perspective, Volume 1 & 2
Classical sources
Maimonides
Maimonides (Rabbi Moshe ben Maimon, 12th century) organized all 613 Torah commandments into a structured list. These linked items show where this Law of Messiah commandment overlaps with that classical framework.
Meir of Rothenburg
Rabbi Meir of Rothenburg (13th century, Germany) was a leading Talmudic authority. These reference numbers link this commandment to his halachic rulings.
MP69, MN182
Source and License
Based on The Law of Messiah - Torah from a New Covenant Perspective by Michael Rudolph and Daniel C. Juster.
License: CC BY-ND 4.0 (Attribution required, NoDerivatives). CC BY-ND 4.0
Disclaimer: the original content is authored by Rabbi Michael Rudolph and Rabbi Daniel Juster; additional notes or implementation details on this website are not part of their original work and do not represent their views.
Record source: The Law of Messiah - Torah from a New Covenant Perspective - Volume 1 & 2
Copyright note: Copyright © Michael Rudolph and Daniel C. Juster, The Law of Messiah, Torah from a New Covenant Perspective, Volume 1 & 2