Taking Advertising Newspapers from Mailboxes
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Question
Is it permissible to take advertising newspapers that are distributed for free in buildings?
Answer
If the newspapers are placed outside, it is permissible to take only one, even if it is not from his building, since the neighbors have not yet acquired it. However, taking more than one is forbidden as it constitutes theft from the company. If it is placed in a mailbox and the box is open, it is also not considered theft because the courtyard is not guarded. If it is closed and the mail is inside and not protruding outside, it is considered a guarded courtyard and belongs to the owner of the box. If the place is closed but it is possible to pull the letters out, there is a dispute about this. According to the Netivot HaMishpat (Choshen Mishpat, Siman 200), any place surrounded by walls, even if it is not guarded, is considered a guarded courtyard because it is possible to remove the item from there. According to the Makneh (Kiddushin 26), since it does not guard the items inside, it is not considered guarded.
Source
Shulchan Aruch, Choshen Mishpat, Siman 200
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