As David Baruch was about to head home from yeshiva, he realized that he was missing his hat.
He looked on the coatrack, and in the classroom, beis medrash, and dining room, but he could not find his hat anywhere.
“I hope it will turn up tomorrow,” he thought. “Maybe someone will bring it to the lost and found.”
The following day, David Baruch went to the yeshiva office.
“Good morning!” the menahel, Rabbi Lerner, greeted him. “What brings you here today?”
“I lost my hat yesterday,” David Baruch said. “I was hoping that maybe somebody turned it in.”
“Actually, the custodian brought in a hat yesterday,” Rabbi Lerner responded.
“Really?” exclaimed David Baruch. “It could be mine!”
“Can you give me any simanim (identifying features) of your hat?” asked Rabbi Lerner.
“It’s a Borsalino, size 6-3/4,” answered David Baruch. “Beyond that, there is no specific siman. I didn’t have my name imprinted inside.”
“Hmmm…that’s a problem,” replied Rabbi Lerner. “Many talmidim have Borsalinos, and that size is pretty standard.”
“If I saw the hat, I could probably identify it,” suggested David Baruch. “I’m able to recognize it on the coatrack even though there are many similar hats.”
“I’m not sure if I should rely on that without actual simanim,” replied Rabbi Lerner. “Rabbi Dayan happens to be here today – let’s ask him.”
Rabbi Lerner took David Baruch to an inner office and explained the situation to Rabbi Dayan.
“I’ll have to give David Baruch a farher (learning test),” Rabbi Dayan said thoughtfully.
David Baruch looked at him quizzically.
“When was the last time you lied?” Rabbi Dayan asked.
“Chas v’shalom!” replied David Baruch vehemently. “My parents trained me to tell the truth!”
“I heard that you are among the top talmidim in your class,” continued Rabbi Dayan.
“I’m OK, but many talmidim are better,” replied David Baruch.
“I’m afraid that David Baruch is lying,” said Rabbi Lerner. “His rebbe reports that he’s near the top of his class!”
“He passed the farher!” said Rabbi Dayan, smiling. “You can show him the hat.”
Rabbi Lerner grinned, but David Baruch was puzzled and asked:
“Why can Rabbi Lerner show me the hat?”
“The Gemara (B.M. 23b) teaches that if a person finds an item with no siman, he does not have to announce it and can keep it, since the owner has no way to claim it,” replied Rabbi Dayan (C.M. 262:21).
“Nonetheless, if the item is no longer new, even if it has no evident siman, the finder should announce it, since the owner might be able to identify it through tevius ayin – visual recognition based on undefinable visual cues, such as creases, faint scratches, dirt spots, etc. (ibid.).
However, the Gemara qualifies that we only rely on visual recognition if the seeker is a talmid chacham who is always honest. While the average person might be able to recognize his item, we cannot trust him to definitively recognize the item as his – perhaps he is claiming it just because he knows that he lost a similar item (Tosfos Gittin 27b; Nekudos Hakesef Y.D. 63:1).
Accordingly, Rema (ibid.) maintains that the person who found such an item only needs to announce it in a place where talmidei chachamim are common, such as in a beis medrash, since there the owner will not have had yei’ush. Regardless, if a talmid chacham asks to see the item, you should show it to him (Sma 262:43; Be’er Hagolah 262:20).
Rema further writes that a talmid chacham is presumed to be honest, unless known otherwise. Some poskim question whether we apply the status of talmid chacham nowadays, since we don’t necessarily do so in other areas, but most Acharonim maintain that this halacha still applies (Taz 262:21; Sma 262:46; Pischei Teshuvah 262:2).
Even so, the Gemara qualifies that a talmid chacham is not required to answer honestly in issues that compromise modesty, such as to acclaim proficiency in a certain maseches (Sma 262:44).
“Thus, David Baruch,” Rabbi Dayan concluded, “you are a budding talmid chacham with honesty and modesty. Not claiming to be at the top of your class – even though the fact is that you are – does not negate honesty, as modesty is a great virtue!”
Verdict: A person who finds an item without simanim does not have to announce it, since the owner cannot claim it. However, if the item is no longer new, it should be returned upon visual recognition to a talmid chacham who is honest, with allowance for modesty.