Market Recovery

The Torah offers moral duty as a response to lost items. In ancient Israel, the currency might be your 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 recent 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. 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. Yet, most of the friends I consulted urged me 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 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. Upholding the rule of law is complicated. Rightfully, the law sustains a civil society. Emotionally, legal processes negatively impact both the accuser and the accused.

And then there’s Jewish law. The Torah I follow directs us to return lost items. I expect as much from others. But needs or desires guide some people, not the law.

I attended the hearing last week and approached the woman and her attorney. I advised that I was interested in putting 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