Returning a Lost Item — Banknotes

I found NIS 500 on Erev Shabbat a few months ago, in the early morning, in an alley. The money was in various banknotes, not in a single bundle, but the bills were adjacent to one another. After about three hours I hung a notice at the place: "I found money here," but to this day no one has contacted me.

I know that money is considered an item that has no identifying mark, and that generally there is no concern of yei’ush shelo mida’at—despair without the owner’s knowledge—because a person is likely to check his pocket at any time. However, it seems to me that nowadays people are not accustomed to checking their pockets at every moment. Therefore I wanted to ask: Is there a halachic basis one may rely on to use the money, even without relying on the argument that halacha does not change even if reality has changed?

I will note that near the place where I found it there is a construction site with Chinese workers.

If possible, I ask that the question be brought before the Rabbi himself, and I would also be happy to know the rationale for the permission, if there is one.

Greetings and blessings 

The response of our teacher Rabbi Amram Fried shlita:

If the banknotes did not have an identifying mark, or were not folded together, they belong to him. 

Since a person is likely to check his pocket, and when he sees that it was lost from him, he despairs of recovering it if there is no identifying mark. 

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Attached is the wording of the response of Rabbi Amram Fried shlita, which addresses this matter in detail:

Question: If one found a shekel, what should he do with it?

Answer: It belongs to him.

Source: It is explained in the Mishnah (Bava Metzia 21a): "מצא מעות מפוזרות הרי אלו שלו" — "If one found scattered coins, they belong to him." And even according to Abaye, who holds that yei’ush shelo mida’at is not considered yei’ush [that is, if a person found a lost item with no identifying mark before the owner became aware that the item was lost, its status is that "יהא מונח עד שיבוא אליהו" — "it should remain set aside until Eliyahu comes." And if it is an item that is commonly available and replaceable, he may record the details of the lost item in a secure place and use the lost item; this will be explained, with Heaven’s help, in the next issue. The reason is that the halacha is ruled in accordance with Abaye, that yei’ush shelo mida’at is not considered yei’ush; see the next issue], money is different, since a person is likely to check his pocket at every moment, and if so, he has certainly already become aware that the coin was lost.

One must examine the law regarding one who finds coins of small value in our time, when people are not accustomed to checking their pockets to see whether the coins are still with them or were lost — do we say here as well that "הרי אלו שלו" — "they belong to him," or is its law like any lost item without an identifying mark that one picked up before the owner despaired of recovering it, so that "יהא מונח עד שיבוא אליהו" — "it should remain set aside until Eliyahu comes"?

According to the words of Rabbeinu Peretz below, it appears that it certainly belongs to the finder. However, there is room to question what the law would be according to Rashi’s words below. In practice, it has been reported in the name of the Chazon Ish that hefker beit din hefker—the court’s declaration of property as ownerless is effective—and since in the time of Chazal the money belonged to the finder, even in our time the money belongs to the finder.

Shulchan Aruch, Choshen Mishpat, siman 262, se’if 3

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