A lost object in Zuto Shel Yam

[א] (Halacha 12)

Question: What is the law regarding a found object that was lost in zuto shel yam?

Answer: A person who lost an object that has an identifying mark, even if it fell to a place from which it can be recovered only with difficulty, the finder is obligated to return the lost object to its owner. However, if the lost object fell into the sea or to a place from which the owner cannot recover it at all, in such a case the one who finds the lost object acquires it and is not obligated to return the object to its owner — even in a case where the object has an identifying mark, and even in a case where the owner did not despair of it and is making efforts to search for it, the finder is not obligated to return it, because their intent is nullified. But all this is according to the strict letter of the law; nevertheless, our Sages said that Jerusalem was destroyed only because they based their conduct on the strict law of the Torah, whereas the Torah wants people to conduct themselves beyond the letter of the law. Therefore it is good and proper to act beyond the letter of the law and to return the lost object in a case where one knows to whom the object was lost, or where the owner came and gave identifying marks, [however, in a case where the one who lost it is a wealthy person and the finder is a poor person, it is possible that in such a situation he need not return it at all, even beyond the letter of the law] (Shulchan Aruch Admur HaZaken, דיני מציאה ופקדון, seifim יח יט כ).

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