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Q&A from the Bais HaVaad Halacha Hotline
Finishing Coats
January 23, 2025
Q Raincoats have accumulated in my shul’s coatroom over the years. May I give them away or discard them?
A Many shuls post a sign stating that all items become hefker (ownerless) after a certain period. If your shul has such a sign prominently displayed, you may dispose of the items (Igros Moshe Y.D. 4:23). If not, the principles of hilchos aveidah apply:
If the item has a name or siman (identifying marker), the owner retains his ownership, so you may not dispose of it. If there is no siman, it can be assumed that the owner has despaired of getting it back (yiush), which renders it ownerless (see Bava Metzia perek 2).
Generally, an item intentionally placed in a protected area (derech hinuach), even without a siman, should not be touched, because the owner likely intends to retrieve it (Shulchan Aruch C.M. 260:9). But if a significant amount of time has passed, it is reasonable to assume that he forgot about it and yiush occurred (see the story in Bava Metzia 23b).
The principle of be’isura asa leyadei says that if an object entered the finder’s hand before yiush, it does not become ownerless when yiush occurs (ibid. 21b). Some say that when an object enters the finder’s property, it’s like it entered his hand, so this principle would apply here, because the object was in the coatroom prior to yiush (Shach C.M. 268:3). Others argue that one’s property is not like his hand, so yiush is effective here (Magid Mishneh Hil. Aveidah 16:4; see also Nesivos Hamishpat 262:1). All agree that if the property is not well guarded, it is not like a hand, so yiush later is effective (see Rambam Hil. Aveidah ibid.). So if your shul is privately owned and kept locked to the wider public, stringency is warranted.
According to many authorities, a community-owned shul is not considered the hand of its owners, making yiush applicable to aveidos found there (Magein Avraham 154:23).
In all cases, a recommended solution is to photograph the coats and then dispose of them. If the owners ever seek to retrieve their property, they can identify the items and be compensated in cash, as such items are readily available for repurchase in the marketplace (Igros Moshe C.M. 2:45).