[Avodah] Are there limits on what must be returned

[Kenneth Miller]

R' Gershon Dubin asked:

> Rabbi: No need to return lost smartphone  Halachic ruling issued
> by Rabbi Karelitz says because advanced cellular phone is 'not
> kosher,' there is no obligation to give it back to its owner 
> http://www.ynetnews.com/articles/0,7340,L-4396770,00.html
> Are there categories of items that need not be returned outside
> of our Eilu Metzios memories?  Or is this a whole new Halachic
> construct?

It sounds reasonable to me, that if a Jew lost an object, and the only or main function of that object was to do aveiros, then returning that object would be a violation of Michshol.

Let's take a simpler example: I find a container of food, clearly marked with the name of the non-kosher restaurant that it came from - perhaps it was take-out that got lost, or a delivery that didn't arrive. It even has the name and address of the Jew who would eat it, so one cannot claim that it was unmarked or that yiush of some other form applies. If it were kosher, there'd certainly be an obligation to return it.

My first inclination is to say that this is Michshol, because there's no possible way for him to eat THIS food unless I return it. Or perhaps one can say that it is only Mesayaya, because even without this food, he'll eat other treif instead. But even so, if the mitzva of Hashavas Aveida doesn't apply where it would be below my dignity to return it, I'd guess that it certainly doesn't apply in cases like this.

HOWEVER I am only responding to RGD's questions of
> Are there categories of items that need not be returned outside
> of our Eilu Metzios memories?  Or is this a whole new Halachic
> construct?

I am *not* convinced that a smartphone is in the same category as tarfus. Rav Karelitz, on the other hand, does seem to hold that way.

Akiva Miller
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