After a visit to Mexico City, I tried cooking Oaxacan cuisine. Oaxaca’s vegetarian and fish dishes are highly prized and easily adapted to the kosher palate. I frequented a Latin market near my office to find fresh green tomatillos, chilacayota squash, and sweet lemons. Unfortunately, during one shopping trip, I dropped my wallet. The story of the loss and recovery of my wallet echoes the Torah portion Ki Teitze.
The Torah offers a moral duty to return lost items. In ancient Israel, you might not have a wallet but livestock – sheep or goats. The Torah offers “If you see your fellow Israelite’s ox or sheep gone astray, do not ignore it; you must take it back to your peer.” Deuteronomy 22:2. Currency has changed form, but the rule of retrieval and delivery remains.
After a June visit to the Super Mercado, I dropped my wallet in the parking lot. Just after I pulled away, I realized the error. A few minutes later, I returned. Unfortunately, the wallet was not on the ground where I had parked. I approached a security guard at the doorway and asked if someone had turned in a wallet. He replied that no wallet was found, but there was a videotape we could view. In the video, we saw a woman in a car next to my prior parking space, step out of her car, take the wallet, and drive away.
It was clear from the videotape that this woman chose to take my wallet rather than turn it over to the store’s security guard. Accordingly, the guard called the police who arrived promptly. From the video, the police pulled the license plate number, found the associated address, and visited the woman’s home. She denied having the wallet. The police returned to the store, where I was waiting, and asked if I wanted to press charges. I did.
As the hearing date approached, I turned to friends for their perspective. I was having doubts and regrets about the burdens of the criminal process. From my friends, the advice was to drop the charges. Some called on me to be compassionate as this woman might acquire a criminal record impeding her future job prospects or banking needs. Others advised that the criminal processes were a burden I should abandon. One person suggested that I could be endangering myself by pressing the matter. Was I better off putting the episode behind me rather than appearing in Court?
I’m most curious about the tension between the rule of law and the reality of how legal processes affect us. Is being a good citizen worth the effort and risk? Rightfully, the law sustains a civil society. Emotionally, legal processes negatively impact both the accuser and the accused.
And then there’s Jewish law. As the Torah directs us to return lost items, I expect as much from others. Others are not compelled by altruism but are guided by their needs or desires.
I entered the courtroom last week and approached the woman and her attorney. I wanted to put the episode behind all of us. In my mind, I would have settled for an apology. Her attorney quickly offered the return of $300. I accepted the offer, and we advised the state’s attorney of our agreement. I added that I did not want the woman to have a criminal record. The state’s attorney said she appreciated my kindness and would consider that when presenting her ultimate recommendation.
My story of loss and recovery awaits a final disposition from the Court. My moral sense, guided by the Torah, is firm. However, my appreciation for nuance and sense of compassion are informed by real-life experiences like losing a wallet in the parking lot of a Super Mercado.
Rabbi Evan J. Krame