Deuteronomy 22:3 - Return lost items responsibly.

Context and General Meaning

The verse (Devarim 22:3) is part of the Torah's laws regarding the mitzvah of Hashavat Aveidah (returning lost property). It follows the previous verses discussing the obligation to return a fellow Jew's lost ox or sheep, extending the principle to other types of lost property, including a donkey, a garment, or any other lost item belonging to "your brother." The phrase "לֹא תוּכַל לְהִתְעַלֵּם" ("you may not hide yourself") emphasizes the prohibition of ignoring this responsibility.

Rashi's Commentary

Rashi explains that the repetition of "וְכֵן תַּעֲשֶׂה" ("and so shall you do") teaches that the same laws apply to all lost items, whether an animal or an inanimate object like a garment. He also notes that the term "אָחִיךָ" ("your brother") excludes lost property belonging to a non-Jew, based on the Talmudic discussion in Bava Metzia 26b, though other opinions (such as the Rambam in Hilchot Gezeilah 11:3) require returning a non-Jew's lost item to maintain Kiddush Hashem (sanctification of G-d's name).

Rambam's Explanation

In Hilchot Gezeilah Va'Aveidah 11:1-3, the Rambam elaborates on the obligation to return lost property, stating that one must take reasonable steps to identify and return the item to its owner. He emphasizes that this mitzvah applies even if returning the item requires effort or expense, as long as it is within the finder's means. The Rambam also rules that if the owner has given up hope (יֵאוּשׁ), the finder may keep the item, but only after making a reasonable attempt to locate the owner.

Talmudic Insights

The Talmud (Bava Metzia 30a) discusses the extent of this mitzvah, including cases where returning the item might cause financial or physical hardship. For example:

• If returning the item would require excessive time or expense, one is exempt.
• If the owner is not identifiable (e.g., an unmarked garment), the finder may keep it after publicizing the find.
• The mitzvah applies even to small items of minimal value, as the verse includes "כָל־אֲבֵדַת אָחִיךָ" ("any lost thing of your brother").

Midrashic Perspective

The Midrash Tanchuma (Mishpatim 1) connects this mitzvah to broader ethical principles, teaching that returning lost property fosters trust and unity among the Jewish people. It also highlights that ignoring this obligation is akin to "hiding oneself" from moral responsibility, as the verse warns.

Practical Halachic Application

Based on Shulchan Aruch (Choshen Mishpat 259-272), the halachah requires:

• Taking possession of the lost item to safeguard it (השבה).
• Making efforts to locate the owner through announcements or other means.
• Returning the item in its original or improved condition (e.g., feeding a lost animal).
• Not deriving personal benefit from the item while in possession of it.