According to the Halacha
1. Definitions
In this Law:
"Lost property": Movable property lost to its owner in circumstances where a reasonable person would not despair of recovering it.
"Owner": in relation to lost property: Includes any person entitled to possess it.
Civil Law
In this Law —
“Lost Property” means movable property that has been lost by its owner, or which, in the circumstances, may reasonably be presumed to have left the owner’s control;
“Owner,” in relation to lost property, includes any person entitled to possess it.
2. Duty of the Finder
(a) A person who finds and takes possession of lost property (hereinafter "the finder") must return it to its owner, unless circumstances suggest the owner has abandoned hope of recovery.
(b) A finder obligated to return lost property must publicly announce its discovery, or deliver it to the police, or submit it to another entity responsible for its return.
Civil Law
(a) A person who finds lost property and takes possession of it (hereinafter: the finder) shall be obligated to return it to its owner or to notify the police thereof as soon as possible, unless, in the circumstances, it may reasonably be presumed that the owner has abandoned the property due to its insignificant value.
(b) Where the finder has notified the police, he may deliver the lost property to them and shall do so if so required by the police.
3. Lost Proprty found in the possession of another person
(a) If someone finds a lost property in the possession of another person, and according to Section 2(a) the finder is entitled to take it for themselves:
(1) If the property is in a possession that, under property law, can transfer ownership to the possessor, the finder must notify the owner and hand it over to them upon request.
(2) If the property is in a possession that cannot transfer ownership to the possessor under property law, the finder acquires the lost property.
(b) If someone finds a lost property in the possession of another person, where according to Section 2 the finder is not entitled to take it for themselves, the finder shall act according to the provisions of Section 2.
Civil Law
A person who finds lost property on premises under the control of another person shall notify the occupier of the premises and deliver the property to him upon demand; where the occupier takes possession of the lost property, he shall be deemed to be the finder.
4. Lost Property with No Identified Owner
If the finder announces the lost property per Section 2(b) and no owner is identified, the finder must care for the property in a manner that preserves its value until the owner is located.
Civil Law
(a) Where the finder has complied with the provisions of section 2 and the owner of the lost property has not been identified within four months, the owner shall be deemed to have abandoned the property and the finder shall become its owner; the said period shall commence on the date on which notice was given to the police, or, where no such notice was required under section 2(a), from the date of finding.
(b) Where the finder has failed to comply with the provisions of section 2 and the owner of the lost property has not been identified within four months after the police became aware of the finding of the property, the owner shall be deemed to have abandoned it and the State shall become the owner thereof; the same shall apply where the finder delivered the property to the police and became its owner pursuant to subsection (a), but failed to claim it within two months after having become the owner as aforesaid.
(c) The Minister of Police may, after consultation with the Minister of Justice, prescribe by regulations that, with respect to lost property of substantial value, or property which may reasonably be presumed to have special sentimental value to its owner, or with respect to other special categories of lost property, the provisions of this section shall not apply, or shall apply with extended periods or with other modifications as prescribed.
5. Redemption of Lost Property
If the finder acquires the lost property, the original owner has no right to redeem it.
Civil Law
Where the finder or the State has acquired ownership of lost property pursuant to section 4, the former owner shall be entitled, within one year from the date of acquisition, to redeem the property from the acquirer, or from a person who acquired it from the acquirer without consideration, upon payment of its value at the time of redemption, unless the property has undergone a substantial change.
6. Sale of Lost Property
(a) Lost property liable to spoil or lose value must be sold immediately by the finder
(b) If a lost item incurs expenses in keeping it, or if it is a living animal or an item that is readily purchasable, the finder is allowed to sell it.
(1) The police or any other authority to whom the lost property has been delivered shall also act in accordance with the provisions of subsections (a) and (b).
(2) The finder may not sell the property under subsections (a) or (b) without court supervision.
(3) If the lost property is sold, the finder’s status with respect to the proceeds of the sale is that of a borrower.
Civil Law
- Lost property which is an asset liable to deteriorate or to lose a substantial portion of its value, or where the costs of safekeeping are unreasonable in relation to its value, or lost property which is a living animal, may be sold by the finder in a reasonable manner; the police may likewise sell such property if it has been delivered to them.
- (b) The finder shall not sell the lost property as aforesaid unless he has given the police reasonable prior notice thereof and the police have not required him to deliver the property to them.
(c) Where the lost property has been sold, the proceeds of redemption shall, for the purposes of this Law, take its place.
7. Neglected Property
(a) Property deposited in an institution where persons reside, are hospitalised, or visit, or in similar places, which is not claimed for a lng period after the end of the deposit period, shall be regarded as lost property, and the owner of the institution or place shall be deemed a finder subject to the provisions of section 2.
(b) Property left in the places mentioned in subsection (A), and not claimed for a long time, may be taken by the finder for themselves.
(c) The provisions of subsection (A) do not derogate from the conditions of the deposit
Civil Law
a. Property deposited or left in an institution where persons are accommodated, hospitalized, or visit, or in a similar place, and which has not been claimed within two months from the date on which it was left or from the end of the period of deposit, shall be deemed to be lost property, and the owner of the institution or place shall be deemed to be the finder.
(b) The provisions of subsection (a) shall not derogate from any conditions of deposit.
8. Property of a Missing Person
(a) Movable property belonging to a person who has left involuntarily and whose traces are unknown, or who has passed away and whose heirs are unknown, and the court has not taken the property into custody, shall be subject to the provisions of Sections 2(b) and 4(a) with the necessary modifications.
(b) Movable property of a person who left voluntarily and whose traces have disappeared shall not be subject to the provisions of this law.
Civil Law
Movable property belonging to a person whose whereabouts are unknown, or who has died and whose heirs are unknown, and which has not been taken into custody by the Administrator General or by any other person authorized to do so, shall be subject to sections 2 and 6, with the necessary modifications
9. Offenses
Repealed
Civil Law
Any person who fails to comply with an obligation imposed upon him under this Law shall be liable to imprisonment for six months or to a fine of 2,000 liras.
10. Delegation of Functions and Powers
Repealed
Civil Law
The Minister of Police may, with the consent of the Minister of the Interior, delegate the functions and powers of the police under this Law to a local authority that has consented thereto; such delegation may be limited or conditional.
11. Execution and Regulations
Repealed
Civil Law
The Minister of Police is charged with the execution of this Law and may, after consultation with the Minister of Justice, enact regulations concerning its implementation, including, inter alia, provisions regarding—
(1) the handling of lost property delivered to the police or to a local authority;
(2) the disposition of lost property that has become State property and of the proceeds from its sale;
(3) the handling of categories of lost property to which sections 4(a) and (b) do not apply;
(4) the handling of property referred to in section 8.
12. Application
This Law applies absent specific provisions in other laws.
Civil Law
The provisions of this Law shall apply where no special provisions governing the matter are prescribed in any other law.
13. Repeals
14. Commencement
This Law takes effect immediately.
Civil Law
This Law shall enter into force on the 3rd day of Elul, 5733 (31 August 1973).