Hello Rabbi,
I am here in America, staying in a “bisman.” The homeowner allows everyone to stay there; whenever it is vacant, whoever gets it first may stay for seven days free of charge.
There is an unfinished wardrobe there, so it is not really used. I opened it on Friday before Shabbat and found a very expensive bottle of wine. Certainly, it was not the homeowner who placed the bottle there; rather, one of the rabbinic guests who stayed there previously left it there. Presumably, they placed the bottle there and forgot about it.
What is the law: may I take it, or is it forbidden?
Thank you very much for the answer.
Hello and blessings,
A bottle of wine without an identifying mark that is found in a guest apartment—provided that it was found in an open, visible place, where people normally inspect when leaving the apartment—should be returned to the last guest who stayed in the apartment.
However, if the bottle was found in an unused wardrobe, a place that people do not normally inspect when leaving the apartment, especially in an apartment used for short stays, and it is possible that the bottle was forgotten there by guests who stayed there a long time ago, then it belongs to the finder.
It is important to note that this applies to a bottle of wine without a distinctive identifying mark. However, if it has a special identifying feature that distinguishes it from other bottles of wine of that type—for example, if it has special personal packaging or the like—the finder must publicize the find and fulfill the obligation of returning lost property.
With blessings,
Rabbi David Ohayon
This answer was translated automatically from Hebrew and has not yet been reviewed by a person. It may therefore contain inaccuracies and should not be regarded as a definitive reference.
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