לרפואת שושנה בת מרגרט
נח משה בן שיינדל
בתוך שח"י
נח משה בן שיינדל
בתוך שח"י
Tosfos [Bava Kamma 66a] explains that the reason is that if there was not yet yeush, the obligation to return the object already took effect when the object came into his hand. Now that the owner had yeush, it is too late.
The Ramban [Milchamos 26b] explains that the reason is that when he found the object [before yeush] he becomes a שומר אבידה. A shomer can obviously not keep the object for himself.
The Minchas Chinuch [מצוה תקל"ט] writes that if the object was found by a קטן who reached the age of adulthood, there is a different halacha. If a קטן picks up an object and the owner is מתייאש and then the קטן becomes a גדול, he need not return the object. The reason is that as long as he is a קטן there is no obligation to return the object. Now that the owner was מתייאש, when the קטן subsequently became a גדול, the yeush had already taken effect and the finder may thus keep it. We also can't say [according to the approach of the Ramban] that a קטן became a שומר אבידה. So the yeush likewise takes effect and afterwards when turning into a גדול, he may keep the lost object.
We may ask a question on the M"C - How can we say that a קטן is not obligated to return a lost object. He has a חיוב חינוך on a rabbinic level?? So according to Tosfos he must return it because the obligation to return the object took effect when he was a קטן with respect to his חיוב חינוך. Similarly, according to the Ramban he must return the object because he became a שומר אבידה מדרבנן?!
Uh oh!
There are a number of ways to resolve this question but I don't want to ruin your fun of trying to think of the answer yourselves....
