The Laws › Commandment #196
Commandment #196 · Positive · Social & Ethical Laws

Any Lost Thing of Your Brother's: Return All Lost Objects

כָּל אֲבֵדָה
Source: Deuteronomy 22:3  ·  Maimonides, Laws of Lost Property 11:1

Commandment #166 established the hashavas aveida obligation from Deuteronomy 22:1: when you see your brother's ox or sheep going astray, you must take them back. Commandment #196 covers what Deuteronomy 22:3 adds: "so shall you do with his donkey; so shall you do with his garment; so shall you do with any lost thing." The extension is total — any category of object, not just livestock. Deuteronomy 22:2 adds the custody dimension: if the owner is unknown, take the object home and keep it until he searches for it.

Any Lost Thing: The Extension to All Objects

וְכֵן תַּעֲשֶׂה לַחֲמֹרוֹ וְכֵן תַּעֲשֶׂה לְשִׂמְלָתוֹ וְכֵן תַּעֲשֶׂה לְכָל אֲבֵדַת אָחִיךָ אֲשֶׁר תֹּאבַד מִמֶּנּוּ וּמְצָאתָהּ לֹא תוּכַל לְהִתְעַלֵּם
"And so shall you do with his donkey; so shall you do with his garment; so shall you do with any lost thing of your brother's, which he loses and you find. You may not ignore it."

The Hebrew “kol avedat achicha” — “every lost thing of your brother's” — is intentionally comprehensive. The Mishnah (Bava Metzia 2:1) lists categories: cattle, garments, and “any lost thing” — extending to money, documents, vessels, and real property. The Talmud (Bava Metzia 21a–26a) develops the finder's obligation: how long must he announce the find, what constitutes an identifying mark (siman) that proves ownership, when can a found object be assumed abandoned (ye'ush). The commandment creates a found-property system: the finder becomes a custodian, not an owner.

Deuteronomy 22:3's phrase “lo tuchal lehit'alem” (you may not ignore it) makes the commandment positive: finding a lost object imposes an immediate active obligation. You cannot walk by and pretend you did not see it.

Take It Home: The Custody Obligation

וְאִם לֹא קָרוֹב אָחִיךָ אֵלֶיךָ וְלֹא יְדַעְתּוֹ וַאֲסַפְתּוֹ אֶל תּוֹךְ בֵּיתֶךָ וְהָיָה עִמְּךָ עַד דְּרֹשׁ אָחִיךָ אֹתוֹ וַהֲשֵׁבֹתוֹ לוֹ
"But if the owner does not live near you or you do not know who the owner is, take it home with you and keep it until he searches for it, and you shall return it to him."

Deuteronomy 22:2's custody obligation is specific: “take it into your house” and keep it until the owner comes. The finder cannot leave the object where he found it, cannot sell it, cannot use it as his own. The Talmud (Bava Metzia 29a) rules on how to care for found animals: graze them, milk them (if a cow), use the milk to offset care costs. For garments: shake them out once every 30 days to prevent moth damage. The finder is not an owner but a shomer (custodian) with an obligation of care — the found object must be returned in the same condition it was found or better.

The Talmud (Bava Metzia 21b) rules on when a finder may assume an object is abandoned (ye'ush) — if the owner has given up hope of recovery, the finder may keep it. But until ye'ush is clear, the custody obligation applies.

Key Figures

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The Merchant of Strict Law (Ma'aseh)
Talmud Yerushalmi (Bava Metzia 2:5) records Simeon b. Shetach, who bought a donkey from an Arab and found a precious stone tied around its neck. His students said: “You've found a treasure — you're rich!” He replied: “I bought a donkey — not a gem.” He returned the stone to the Arab. The Arab, astonished, exclaimed: “Blessed is the God of Simeon b. Shetach!” — a gentile sanctifying God's name because of a Jew's scrupulous honoring of Deuteronomy 22:3. The story shows that the commandment's scope (any lost thing) includes objects attached to purchased property that the buyer did not intend to acquire.
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Jacob's Lost Son
Genesis 37 records a man who found Joseph wandering in a field (“seeking his brothers”) and directed him. The man's small act of direction — giving information to someone who was lost — is, in miniature, the spirit of Deuteronomy 22:3. Anything lost — including a person who is lost — falls under the obligation “you may not ignore it.” Joseph's being directed toward his brothers is what led him to his betrayal; but the man in the field fulfilled his obligation without knowing the consequences.

Study Questions

For reflection and group study
How does Deuteronomy 22:3's “any lost thing of your brother's” extend the hashavas aveida obligation beyond what Deuteronomy 22:1 and Commandment #166 established?
What specific custodial obligations does Deuteronomy 22:2 impose on the finder — and how does the Talmud (Bava Metzia 29a) specify care requirements for different types of found objects?
What is ye'ush (owner's despair of recovery), and how does it affect the finder's obligation?
How does Simeon b. Shetach's return of the gem (Yerushalmi Bava Metzia 2:5) illustrate the extension of Deuteronomy 22:3 beyond what was literally purchased?
What does the phrase “lo tuchal lehit'alem” (you may not ignore it) add to the commandment — and why is this phrasing unusual compared to other positive commandments?

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