Rabbi Michael J. Broyde & Rabbi Michael Hecht
XIII. This Chart Compares Principles Used by Jewish, Common and New York Law in the Area of Lost Property
| Legal system Issue | Jewish Law | Common Law | New York Law |
| When does one become a finder? | Seeing | Possession | Possession |
| Is there a distinction between lost and mislaid property? | Yes | Yes | No |
| Is the finder a bailee? | Yes | Yes | No |
| What type of bailee is the finder? | Majority: for hire Minority: gratuitous | Majority: gratuitous Minority: for hire | Not applicable |
| Can the finder ever acquire title unless owner abandoned or relinquishes? | No | No | Yes |
| Does the finder have title superior to all but owner? | Yes | Yes | Not superior to police |
| Is finder entitled to a reward from loser? | No | No | No |
| Is the finder entitled to expense reimbursement? | Yes | Yes | Yes |
| Is the finder obligated to compensate true owner if item returned to person other than true owner? | Yes | Yes | No if police err |
| Is there a salvage exception? | Yes | Yes | Partially |
| Who is responsible for finding true owner? | Finder | Finder | Police |
| Are there any extra-legal duties | Yes | No | No |
| What happens to lost property whose owner never appears, but which was not abandoned? | Finder can use it, but never gains title | Finder can use it, but never gains title | Finder gains title |
Jewish law and common law provide very similar or identical answers to eleven of the thirteen questions posed, or an 84% overlap. Jewish law and New York law provide very similar or identical answers to two of the thirteen questions posed or an overlap of 16%. Common law and New York law provide very similar or identical answers to four of the thirteen questions posed, for an overlap of 32%. All three legal system provide very similar or identical answers to each other in two of the thirteen questions posed, for an overlap of 16%.
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