Choshen Mishpat Question

In our apartment on Purim there were many people that came and went . During the Seuda a 100 shekel bill was found on the floor. (It was not folded in any special way). The one who found it asked if it belonged to anyone and no one said it was theirs. Apparently , the one who dropped it left , or was drunk and passed out , etc.. Should I try to find the owner? If not, does it belong to the one who found the bill or to me ( the owner of the apartment). Also, a partly used small bag of mixed nuts was left here during the Seuda. Should I try to find the owner or could I just throw it out? Thank you very much

Shalom!

Thank you for your question.

As you correctly allude, as a general rule, an item lost in a home becomes the possession of the homeowner due to “kinyan chatzer” – which means that one’s property acquires lost/ownerless items on behalf of the owner of the property.

However, in a situation where there is uncontrolled and unpredictable movement of people coming and going, kinyan chatzer does not get “activated” as it is no longer a “Chatzer mishtameret” – a safe place. (Based on Shach CM 260:18). However since the door may have been closed even for one second the owner of the house does acquire it with Kinyan Chatzer, we can also assume that the money was there, even before the Seudat Purim, so we therefore say le'halacha that the money belongs to the owner of the house.

However with regard to the food that was found that would belong to whoever found it since no one is Makpid about such a thing.