How long must you attempt to return a mistakenly shipped item?

Question

Scenario:

You place an online order for a product. A few days later, the wrong product gets shipped to you. You contact the shipper online saying that they shipped you the wrong product; please ship the correct product and ask how to ship the wrong one.

The shipper answers (online) - They will ship the correct product and enclose a return slip for the wrong product.

A few days later you get the correct product but no packing slip. You contact the shipper about this, but there is no response. Every few days, you contact them and there is still no response. The shipper left no phone number and you have no way of locating one as the address is a PO Box number. The only way to correspond is by email or postal mail.

Q - How often or for what length of time do you have to keep trying before you may be allowed to keep the wrongly shipped product? It is possible that the shipper went out of business or moved which means that if you just ship it and pay for it (something that would be beyond the agreement, as originally the shipper agreed to pay for the return shipping but didn't include the return form) it may get lost, anyway.

Do the laws differ if the shipper was Jewish or Gentile?

Answer 1

This is a complex question and you need to ask a rav if this had practical implications.

If this is a theoretical question, one might learn from the laws of lost objects (asheivat aveida), second chapter of Bava Metsia (21a and ff), based on Devarim 22:1-3

If you see your brother's animal, you shall not hide from it; you must return it to the owner. If the owner is not known to you, then you should bring the object into your house, where it shall remain until the owner inquires after it, and you will return it to him. So shall you do for his donkey, his garment, or any lost article that you may find

In a nutshell

• one has to announce the signs of the object you found for three regalim (i.e., up to a year, cf. Mishna on BM 28a)
• one cannot use it in the interim unless it improves the object (e.g., the gmara gives the examples of unfolding a garment to keep it in good shape)
• but one can use the object if the owner has given up on it (see SA Choshen Mishpat 262:5)
• otherwise one has to keep the object "until Elyahu Hanavi comes", be ready to return it and can use the object in the meantime

One might ask if the laws of lost objects apply here as the object is not really lost, you know who it is coming from, etc. It might however provide the closest analogy.

In your case, since you have done all you can to inform the owner, it could be a case of the owner having abandoned the idea of finding it again therefore you can use it while being ready to return it if the owner asks. This assumes the object doesn't get destroyed by using it.

Whether this applies differently to non-Jews is a good question. The pasuk says "to your brother" but in the ways of "darkei shalom" of the Rambam we might extend this to all. The SA CM 266:1 says to return it if it would create a kidush Hashem or avoid a hillul Hashem.