Journal: Bulletin for Biblical Research
Volume: BBR 17:2 (NA 2007)
Article: Finders Keepers? Lost Property in Ancient Near Eastern and Biblical Law
Author: David L. Baker

BBR 17:2 (2007) p. 207

Finders Keepers?
Lost Property in Ancient Near Eastern
and Biblical Law

David L. Baker

Tyndale House, Cambridge

According to ancient Near Eastern law, it is a serious offense to be in possession of lost property, tantamount to stealing and punishable by death. A finder is expected to make every effort to return a lost animal or implement to its owner. The OT “Book of the Covenant” assumes the same principle and emphasizes that it applies even if the owner is one’s enemy (Exod 23:4). It is dealt with in greater detail by the Deuteronomic Laws, using the word “brother” instead of “enemy” and clarifying some of the ambiguities in the earlier law (Deut 22:1-3). In both texts, the returning of lost property is combined with a command to help another person in difficulty with his/her beast of burden (Exod 23:5, Deut 22:4). Although these biblical texts occur in legal sections of the OT, they are not so much laws as exhortations to take action for the welfare of fellow-Israelites. Members of the covenant community are expected to take the initiative in helping others, whether or not they deserve it, according to the principle of loving one’s neighbor as oneself.

Key Words: lost property, Hammurabi, Hittite Laws, Exod 23:4-5, Deut 22:1– 4, love, law, enemy

The nineteenth-century saying “Finders keepers, losers weepers” reflects an attitude commonly found in society. Compilers of ancient Near Eastern laws, however, gave no approval to opportunism of this sort. Nor did biblical compilers offer theirs.

Ancient Near East

To be in possession of lost property is a serious offense, according to the Laws of Eshnunna, tantamount to stealing:

If a military governor, a governor of the canal system, or any person in a position of authority seizes a fugitive slave, fugitive slave woman, stray ox, or stray donkey belonging either to the palace or to a commoner, and does not lead it to Eshnunna but detains it in his house

BBR 17:2 (2007) p. 208

and allows more than one month to elapse, the palace shall bring a charge of theft against him. (§50)1

The same principle is found in the Laws of Hammurabi, which stipulate capital punishment for possession or sale of lost property and also for falsely accusing someone else of having lost property in his/her possession (§§9-...