Returning a lost object to a Gentile: A study in schizoid Jewish theology
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Date: December 9th, 2017 1:01 PM Author: lake hall
The mitzvah of Hashavat Aveida [returning lost objects] is mentioned in parashat Ki Teitzei [Devarim 22:1-4]. Although the Torah seems to be saying that only to a Jewish brethren must we return a lost object, based on the word “Achicha,” Rav Soloveitchik dismissed this categorically. He said that what the Torah means is that returning an object to a Jew is a fulfillment of Hashavat Aveida, but returning it to a non-Jew is a fulfillment of Kiddush HaShem, which is one of the highest and loftiest of all mitzvot. The Rav insisted with uncompromising vigor that this is not merely a question of Eiva, a concern for creating displeasure with the Gentiles and perhaps evoking hostilities against the Jews, but returning a Gentile’s lost object is a fulfillment of the most precious mitzvah in the Torah, namely, Kiddush HaShem.
On the other hand, the Shulchan Aruch (WAY more authoritative, like a 15th century top dog):
S”A C”M 266:1 rules that there’s no mitzvah to return the lost object of a non-Jew and there’s even a prohibition. The Bear HaGolah 266:2 writes that according to Rashi this prohibition would apply even to non-Jews nowadays but according to the Rambam then there’s no prohibition to non-Jews nowadays who believe in a Creator and are law abiding citizens. Mamon Yisrael (Halachos of Others People’s Money by Rav Pinchas Bodner, pg 153) holds that there’s no prohibition nowadays. However, Hashava Aviedah KeHalacha (2:1 pg 33) writes that nowadays there’s a prohibition like S”A.
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