Bava Metzia 28

Bava Metzia 28

אֶלָּא הָא דִּתְנַן: מָצָא תַּכְרִיךְ שֶׁל שְׁטָרוֹת אוֹ אֲגוּדָּה שֶׁל שְׁטָרוֹת – הֲרֵי זֶה יַחְזִיר, הָכִי נָמֵי דְּנִיחָא לֵיהּ לְלֹוֶה לְאַהְדּוֹרֵי לֵיהּ לְמַלְוֶה?

The Gemara asks: But there is that which we learned in that mishna (20a): If one found a roll of documents or a bundle of documents, he shall return the documents to whomever describes the roll and the bundle, which serve as distinguishing marks. Would one say that so too, if one returns lost items on the basis of distinguishing marks due to the tacit agreement of the owners, it is satisfactory to the debtor to have the documents returned to the creditor?

אֶלָּא אָמַר רָבָא: סִימָנִין דְּאוֹרָיְיתָא, דִּכְתִיב: ״וְהָיָה עִמְּךָ עַד דְּרֹשׁ אָחִיךָ אֹתוֹ״, וְכִי תַּעֲלֶה עַל דַּעְתְּךָ שֶׁיִּתְּנֶנּוּ קוֹדֶם שֶׁיִּדְרְשֶׁנּוּ?! אֶלָּא דׇּרְשֵׁהוּ אִם רַמַּאי הוּא אוֹ אֵינוֹ רַמַּאי. לָאו בְּסִימָנִין? שְׁמַע מִינַּהּ.

Rather, Rava said: Identification of an item on the basis of distinguishing marks is by Torah law, as it is written: “And if your brother be not near you, and you know him not, then you shall bring it into your house, and it shall be with you until your brother claims [derosh] it, and you shall return it to him” (Deuteronomy 22:2). Would it enter your mind that he would give the lost item to him before he claims it? How can the finder return it if he does not know the identity of the owner? Rather, the verb derosh is not referring to the claim of the owner; it is referring to the scrutiny performed by the finder. Scrutinize him [darshehu] to determine whether the claimant is a swindler or whether he is not a swindler. Only then may you return the lost item to him. What, is it not that the one who claims the lost item proves that he is not a swindler on the basis of distinguishing marks that he provides? Rava affirms: Conclude from it that identification of an item on the basis of distinguishing marks is by Torah law.

אָמַר רָבָא: אִם תִּמְצֵי לוֹמַר סִימָנִין דְּאוֹרָיְיתָא. ״אִם תִּמְצֵי לוֹמַר״?! הָא פְּשִׁיט לֵיהּ סִימָנִין דְּאוֹרָיְיתָא! מִשּׁוּם דְּאִיכָּא לְמֵימַר כִּדְשַׁנִּינַן.

Rava begins his statement and says: If you say that identification of an item on the basis of distinguishing marks is by Torah law. The Gemara interjects: If you say? Didn’t he already resolve the dilemma and conclude that identification of an item on the basis of distinguishing marks is by Torah law? The Gemara answers: Rava phrased his statement conditionally due to the fact that although he holds that identification of an item on the basis of distinguishing marks is by Torah law, one could reject his conclusion and say as we explained previously (27b), that when the mishna states that the finder scrutinizes whether he is a swindler, he does so on the basis of witnesses and not on the basis of distinguishing marks.

סִימָנִין וְסִימָנִין – יַנִּיחַ. סִימָנִין וְעֵדִים – יִנָּתֵן לְבַעַל הָעֵדִים. סִימָנִין וְסִימָנִין וְעֵד אֶחָד – עֵד אֶחָד כְּמַאן דְּלֵיתֵיהּ דָּמֵי, וְיַנִּיחַ.

The Gemara resumes Rava’s interrupted statement: If you say that identification of an item on the basis of distinguishing marks is by Torah law, then in a case where an item is found and two people claim it as theirs, and one describes distinguishing marks on the item and the other describes distinguishing marks on the item, the finder shall leave it in his possession and not give it to either claimant. In a case where one person describes distinguishing marks on the item and the other brings two witnesses to support his claim of ownership, the item shall be given to the claimant with witnesses. In a case where one person describes distinguishing marks on the item and the other describes distinguishing marks on the item and brings one witness to support his claim of ownership, the one witness is as one who is not there, and the finder shall leave it in his possession. The testimony of a single witness has no legal standing in this case.

עֵדֵי אֲרִיגָה וְעֵדֵי נְפִילָה – תִּנָּתֵן לְעֵדֵי נְפִילָה, דְּאָמְרִינַן זַבּוֹנֵי זַבְּנַהּ וּמֵאִינִישׁ אַחֲרִינָא נְפַל.

In a case where one claimant to a found garment brings witnesses who testify that the garment was woven for him, and the other claimant brings witnesses who testify that the garment had fallen from him, the garment shall be given to the claimant whose witnesses testified that the garment had fallen from him, as we say that perhaps the one for whom it was woven sold the garment and it fell from another person, who is the current owner.

מִדַּת אׇרְכּוֹ וּמִדַּת רׇחְבּוֹ – תִּנָּתֵן לְמִדַּת אׇרְכּוֹ, דְּמִדַּת רׇחְבּוֹ שַׁעוֹרֵי קָא מְשַׁעַר לַהּ כַּד מִכַּסֵּי לַהּ מָרַהּ וְקָאֵי, וּמִדַּת אׇרְכּוֹ לָא מִשְׁתַּעַר לֵהּ.

If one claimant provides the measure of length of a lost garment and the other provides the measure of its width, the garment shall be given to the claimant who provided the measure of its length, as one can approximate the measure of its width when its owner dons the garment and stands, but the measure of its length cannot be approximated in that manner. Therefore, it is a more clear-cut distinguishing characteristic.

מִדַּת אׇרְכּוֹ וּמִדַּת רׇחְבּוֹ וּמִדַּת גַּמָּיו – יִנָּתֵן לְמִדַּת אׇרְכּוֹ וְרׇחְבּוֹ.

If one claimant provides the measure of its length and the measure of its width and the other provides the measure of its gamma, its combined length and width, which together form the Greek letter gamma, but does not provide each measure individually, the item shall be given to the claimant who provided the measure of its length and the measure of its width separately.

מִדַּת אׇרְכּוֹ וּמִדַּת רׇחְבּוֹ וּמִדַּת מִשְׁקְלוֹתָיו – יִנָּתֵן לְמִדַּת מִשְׁקְלוֹתָיו.

If one claimant provides the measure of its length and the measure of its width and the other provides the measure of its weight, the item shall be given to the claimant who provided the measure of its weight, which, because it is more difficult to approximate, is a more clear-cut distinguishing characteristic.

הוּא אוֹמֵר סִימָנֵי הַגֵּט וְהִיא אוֹמֶרֶת סִימָנֵי הַגֵּט – יִנָּתֵן לָהּ. בְּמַאי? אִילֵימָא בְּמִדַּת אׇרְכּוֹ וְרׇחְבּוֹ, דִּלְמָא בַּהֲדֵי דְּנָקֵיט לֵיהּ חֲזַיְתֵיהּ. אֶלָּא – נֶקֶב יֵשׁ בּוֹ בְּצַד אוֹת פְּלוֹנִי.

Rava continues: In a case where a bill of divorce is found and it is unclear whether it had been delivered to the wife, and the husband, who reconsidered, states the distinguishing marks of the bill of divorce and claims that he did not yet give it to his wife, and the wife, who wants to be divorced, states the distinguishing marks of the bill of divorce and claims that she already received it, the document shall be given to the wife. The Gemara asks: With what distinguishing mark did she describe the bill of divorce? If we say that she described it with the measure of its height and its width, that is not a clear-cut distinguishing mark; perhaps while her husband was holding the bill of divorce, she saw it, although he had not yet given it to her. Rather, it must be that she says that there is a perforation alongside such and such letter in the document, which she could know only if the bill of divorce had been in her hand.

הוּא אוֹמֵר סִימָנֵי הַחוּט, וְהִיא אוֹמֶרֶת סִימָנֵי הַחוּט – יִנָּתֵן לָהּ. בְּמַאי? אִילֵימָא בְּחִיוָּרָא וּבְסוּמָּקָא, וְדִלְמָא בַּהֲדֵי דְּנָקֵיט לֵיהּ חֲזַיְתֵיהּ? אֶלָּא בְּמִדַּת אׇרְכּוֹ.

In a case where the husband states the distinguishing marks of the string with which the bill of divorce is bound, and she states the distinguishing marks of the string, the document shall be given to the wife. The Gemara asks: With what distinguishing mark did she describe the string? If we say that she described it by saying that the string is white or by saying that it is red, this cannot be the mark based on which she proves her ownership, as perhaps while her husband was holding the bill of divorce, she saw the string. Rather, it must be that she stated the measure of its length. As the string was wrapped around the document, she would know its length only if the bill of divorce had been in her hand.

הוּא אוֹמֵר בַּחֲפִיסָה וְהִיא אוֹמֶרֶת בַּחֲפִיסָה – יִנָּתֵן לוֹ. מַאי טַעְמָא? מִידָּע יָדְעָה דְּכֹל מָה דְּאִית לֵיהּ בַּחֲפִיסָה הוּא דְּמַנַּח לֵיהּ.

In a case where the husband claims that the bill of divorce was not given to the wife and states that it was stored in a case, and the wife claims that she received the bill of divorce and states that it was stored in a case, the document shall be given to the husband. What is the reason? Identification of the document based on its storage cannot prove her ownership, as she knows that he places any valuable item that he has in his possession in the case.

מַתְנִי׳ וְעַד מָתַי חַיָּיב לְהַכְרִיז? עַד כְּדֵי שֶׁיֵּדְעוּ בּוֹ שְׁכֵנָיו, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר: שָׁלֹשׁ רְגָלִים, וְאַחַר הָרֶגֶל הָאַחֲרוֹן שִׁבְעָה יָמִים, כְּדֵי שֶׁיֵּלֵךְ לְבֵיתוֹ שְׁלֹשָׁה, וְיַחְזוֹר שְׁלֹשָׁה, וְיַכְרִיז יוֹם אֶחָד.

MISHNA: And until when is one who finds a lost item obligated to proclaim his find? He is obligated to do so until the moment that the neighbors will know of its existence; this is the statement of Rabbi Meir. Rabbi Yehuda says: He is obligated to proclaim his find for three pilgrimage Festivals and for seven days after the last of the three pilgrimage Festivals, so that its owner will have time to go to his home, a trip lasting up to three days, and ascertain that he in fact lost the item, and he will return to Jerusalem, a trip lasting up to three days, and proclaim his loss for one day.

גְּמָ׳ תָּנָא: שְׁכֵנֵי אֲבֵידָה. מַאי שְׁכֵנֵי אֲבֵידָה? אִילֵימָא שְׁכֵינִים דְּבַעַל אֲבֵידָה? אִי יָדַע לֵיהּ לֵיזוֹל וְלַהְדְּרַיהּ נִהֲלֵיהּ! אֶלָּא שְׁכֵנֵי מָקוֹם שֶׁנִּמְצֵאת בּוֹ אֲבֵידָה.

GEMARA: The mishna teaches that one must proclaim his find until his neighbors will know of its existence. A tanna taught: One must proclaim his find until the neighbors of the lost item will know of its existence. The Gemara asks: What is the meaning of the expression: Neighbors of the lost item? If we say that the reference is to neighbors of the owner of the lost item, he need not proclaim his find, as if the finder knows who lost the item, let him go and return it to him. The Gemara answers: Rather, the reference is to the neighbors of the place where the lost item was found.

רַבִּי יְהוּדָה אוֹמֵר: כּוּ׳.

§ The mishna teaches that Rabbi Yehuda says: He is obligated to proclaim his find for three pilgrimage Festivals and for seven days after the last of the three pilgrimage Festivals, so that its owner will go to his home, a trip lasting up to three days, will ascertain that he in fact lost the item, and will return to Jerusalem, a trip lasting up to three days, and proclaim his loss for one day.

וּרְמִינְהוּ: בִּשְׁלֹשָׁה בִּמְרַחְשְׁוָן שׁוֹאֲלִין אֶת הַגְּשָׁמִים. רַבָּן גַּמְלִיאֵל אוֹמֵר: בְּשִׁבְעָה בּוֹ, שֶׁהוּא חֲמִישָּׁה עָשָׂר יוֹם אַחַר הֶחָג, כְּדֵי שֶׁיַּגִּיעַ אַחֲרוֹן שֶׁבְּאֶרֶץ יִשְׂרָאֵל לִנְהַר פְּרָת!

Apropos Rabbi Yehuda’s calculation of three days as the duration of a pilgrim’s travel from Jerusalem to his home, the Gemara raises a contradiction from a mishna (Ta’anit 10a): On the third of the month of Marḥeshvan one starts to request rain by inserting the phrase: And grant dew and rain, in the blessing of the years, the ninth blessing of the Amida prayer. Rabban Gamliel says: One starts to request rain on the seventh of Marḥeshvan, which is fifteen days after the conclusion of the festival of Sukkot, so that the last of those who are in Eretz Yisrael on the pilgrimage to Jerusalem can reach their homes beyond the Euphrates River before the onset of rain, which would make crossing the river more hazardous. Apparently, it takes fifteen days for those who came for the pilgrimage Festivals to return home, not three days.

אָמַר רַב יוֹסֵף: לָא קַשְׁיָא, כָּאן – בְּמִקְדָּשׁ רִאשׁוֹן, כָּאן – בְּמִקְדָּשׁ שֵׁנִי.

Rav Yosef says: This is not difficult. Here, in the mishna in tractate Ta’anit, Rabban Gamliel’s statement is referring to the duration of the journey during the First Temple period, which took fifteen days; whereas there, Rabbi Yehuda’s statement is referring to the duration of the journey during the Second Temple period, which took three days.

בְּמִקְדָּשׁ רִאשׁוֹן, דִּנְפִישִׁי יִשְׂרָאֵל טוּבָא, דִּכְתִיב בְּהוּ: ״יְהוּדָה וְיִשְׂרָאֵל רַבִּים כַּחוֹל אֲשֶׁר עַל הַיָּם לְרַב״ – בָּעֵינַן כּוּלֵּי הַאי. בְּמִקְדָּשׁ שֵׁנִי, דְּלָא נְפִישִׁי יִשְׂרָאֵל טוּבָא, דִּכְתִיב בְּהוּ: ״כׇּל הַקָּהָל כְּאֶחָד אַרְבַּע רִבּוֹא אַלְפַּיִם שְׁלֹשׁ מֵאוֹת שִׁשִּׁים״ – לָא בָּעֵינַן כּוּלֵּי הַאי.

The Gemara explains the answer: During the First Temple period, when the Jewish people were very numerous, as it is written with regard to them: “Judea and Israel were many, as the sand that is by the sea in multitude, eating and drinking and rejoicing” (I Kings 4:20), we need that much time for them to travel from Jerusalem to the farthest reaches of Eretz Yisrael, due to the wide distribution of the large population. During the Second Temple period, when the Jewish people were not very numerous, as it is written: “The whole congregation together was forty and two thousand three hundred and sixty” (Ezra 2:64), we do not need that much time for them to travel from Jerusalem to the farthest reaches of Eretz Yisrael, due to the limited distribution of the small population.

אֲמַר לֵיהּ אַבָּיֵי: וְהָא כְּתִיב ״וַיֵּשְׁבוּ הַכֹּהֲנִים וְהַלְוִיִּם וְגוֹ׳ וְהַמְשֹׁרְרִים וְהַשּׁוֹעֲרִים וְכׇל יִשְׂרָאֵל בְּעָרֵיהֶם״.

Abaye said to Rav Yosef: But isn’t it written: “So the priests, and the Levites, and some of the people, and the singers, and the porters, and the Gibeonites, dwelt in their cities, and all Israel in their cities” (Ezra 2:70). The verse indicates that despite their limited numbers, the Jewish people dwelt in all the cities that they inhabited previously, and the distance to the far reaches of Eretz Yisrael was no shorter during the Second Temple period.

וְכֵיוָן דְּהָכִי הוּא, אִפְּכָא מִסְתַּבְּרָא: מִקְדָּשׁ רִאשׁוֹן, דִּנְפִישִׁי יִשְׂרָאֵל טוּבָא, דִּמְצַוַּות עָלְמָא, וּמִשְׁתַּכְחִי שְׁיָירָתָא דְּאָזְלִי בֵּין בִּימָמָא וּבֵין בְּלֵילְיָא – לָא בָּעֵינַן כּוּלֵּי הַאי, וְסַגִּי בִּתְלָתָא יוֹמָא. מִקְדָּשׁ שֵׁנִי, דְּלָא נְפִישִׁי יִשְׂרָאֵל טוּבָא, וְלָא מְצַוַּות עָלְמָא, וְלָא מִשְׁתַּכְחִי שְׁיָירָתָא דְּאָזְלִי בֵּין בִּימָמָא וּבֵין בְּלֵילְיָא – בָּעֵינַן כּוּלֵּי הַאי.

Abaye continued: And since that is the reality, the opposite is reasonable. During the First Temple period, when the Jewish people were very numerous and when everyone was structured in groups, and caravans could be found that traveled both during the day and during the night, we do not need that much time to travel from Jerusalem to the farthest reaches of Eretz Yisrael, and three days suffice. By contrast, during the Second Temple period, when the Jewish people were not very numerous and when everyone was not structured in groups, and therefore, caravans could not be found that traveled both during the day and during the night, we need that much time, i.e., fifteen days, to travel from Jerusalem to the farthest reaches of Eretz Yisrael.

רָבָא אֲמַר: לָא שְׁנָא בְּמִקְדָּשׁ רִאשׁוֹן וְלָא שְׁנָא בְּמִקְדָּשׁ שֵׁנִי, לֹא הִטְרִיחוּ רַבָּנַן בַּאֲבֵדָה יוֹתֵר מִדַּאי.

Rava said: It is no different during the First Temple period and it is no different during the Second Temple period; the requisite travel time to the border was fifteen days, as the opinion of Rabban Gamliel indicates. Nevertheless, Rabbi Yehuda calculated three days of travel to the border because the Sages did not wish to trouble the finder excessively in returning a lost item by requiring him to wait an extended amount of time.

אָמַר רָבִינָא: שְׁמַע מִינַּהּ כִּי מַכְרֵיז, גְּלִימָא מַכְרֵיז. דְּאִי סָלְקָא דַעְתָּךְ ״אֲבֵידְתָּא״ מַכְרֵיז, בָּעֵינַן לְמִטְפֵּי לֵיהּ חֲדָא יוֹמָא לְעַיּוֹנֵי בְּמָאנֵיהּ. אֶלָּא שְׁמַע מִינַּהּ: גְּלִימָא מַכְרֵיז. שְׁמַע מִינַּהּ.

Ravina says: Learn from the calculation of Rabbi Yehuda in the mishna that when a finder proclaims his find he specifies the nature of the item, e.g., he proclaims that he found a cloak. As, if it enters your mind that the finder proclaims that he found a lost item without specifying its nature, we need to increase the period of time afforded the owner to ascertain that he lost an item, and add one day for him to examine all his vessels. Rather, learn from it that the finder proclaims that he found a cloak. The Gemara affirms: Learn from it that the finder specifies the nature of the item.

רָבָא אָמַר: אֲפִילּוּ תֵּימָא ״אֲבֵידְתָּא״ מַכְרֵיז, לֹא הִטְרִיחוּ רַבָּנַן בַּאֲבֵידָה יוֹתֵר מִדַּאי.

Rava said: Even if you say that the finder proclaims that he found an unspecified lost item, nevertheless, Rabbi Yehuda does not require extending the period afforded the owner, because the Sages did not wish to trouble the finder excessively in returning a lost item by requiring him to wait an extended amount of time.

תָּנוּ רַבָּנַן: רֶגֶל רִאשׁוֹן אוֹמֵר רֶגֶל רִאשׁוֹן, רֶגֶל שֵׁנִי אוֹמֵר רֶגֶל שֵׁנִי, רֶגֶל שְׁלִישִׁי אוֹמֵר סְתָם.

The Sages taught in a baraita: On the first pilgrimage Festival after finding the lost item, the finder proclaims his find and says: This is the first pilgrimage Festival that I am proclaiming this find. On the second pilgrimage Festival after finding the lost item, the finder proclaims his find and says: This is the second pilgrimage Festival that I am proclaiming this find. On the third pilgrimage Festival, the finder proclaims his find and says his proclamation without specification of the number of the Festival.

וְאַמַּאי? לֵימָא רֶגֶל שְׁלִישִׁי! דְּלָא אָתֵי לְאִחַלּוֹפֵי בְּשֵׁנִי. שֵׁנִי נָמֵי

The Gemara asks: And why does he not specify the number of the Festival? Just as he specified the previous two Festivals, let him say that it is the third pilgrimage Festival. The Gemara answers: He does not specify that it is the third pilgrimage Festival, so that one who hears him will not come to confuse it with the second pilgrimage Festival. If the finder were to proclaim that it is the third [shelishi] Festival, it is possible that the owner would mistakenly hear the word second [sheni] and believe that there is time remaining to reclaim his lost item. Since on the second Festival he mentions the number and on the third Festival he does not mention a number, there is no potential for confusion. The Gemara asks: Based on that reasoning, on the second pilgrimage Festival too, the finder should not mention the number of the Festival,

אַתְיָא לְאִחַלּוֹפֵי בְּרִאשׁוֹן! הָא קָא אָתֵי רֶגֶל שְׁלִישִׁי.

because perhaps one who hears him will come to confuse it with the first pilgrimage Festival? The Gemara answers: Confusing the second Festival with the first is not a problem, as in any case, won’t the finder come on the third pilgrimage Festival, thereby giving the owner another opportunity to recover his lost item?

תָּנוּ רַבָּנַן: בָּרִאשׁוֹנָה, כׇּל מִי שֶׁמָּצָא אֲבֵידָה הָיָה מַכְרִיז עָלֶיהָ שְׁלֹשָׁה רְגָלִים, וְאַחַר רֶגֶל אַחֲרוֹן שִׁבְעַת יָמִים, כְּדֵי שֶׁיֵּלֵךְ שְׁלֹשָׁה וְיַחְזוֹר שְׁלֹשָׁה וְיַכְרִיז יוֹם אֶחָד. מִשֶּׁחָרַב בֵּית הַמִּקְדָּשׁ, שֶׁיִּבָּנֶה בִּמְהֵרָה בְּיָמֵינוּ, הִתְקִינוּ שֶׁיְּהוּ מַכְרִיזִים בְּבָתֵּי כְנֵסִיּוֹת וּבְבָתֵּי מִדְרָשׁוֹת. וּמִשֶּׁרַבּוּ הָאַנָּסִים הִתְקִינוּ שֶׁיְּהוּ מוֹדִיעִין לִשְׁכֵינָיו וְלִמְיוּדָּעָיו וְדַיּוֹ.

§ The Sages taught: Initially, anyone who found a lost item would proclaim his find for three pilgrimage Festivals and for seven days after the last of the three pilgrimage Festivals, so that its owner will go to his home, a trip lasting up to three days, and will return to Jerusalem, a trip lasting up to three days, and proclaim his loss for one day. But from the time that the Temple was destroyed, may it be rebuilt speedily in our days, the Sages instituted that those who find lost items shall proclaim their finds in synagogues and study halls. And from the time that the oppressors proliferated, the Sages instituted an ordinance that one who finds a lost item shall inform his neighbors and acquaintances, and that will suffice for him.

מַאי מִשֶּׁרַבּוּ הָאַנָּסִין? דְּאָמְרִי אֲבֵידְתָּא לְמַלְכָּא. רַבִּי אַמֵּי אַשְׁכַּח אוּדְיָיא דְּדִינָרֵי, חַזְיֵיהּ הָהוּא רוֹמָאָה דְּקָא מִירְתַת. אֲמַר לֵיהּ: זִיל שְׁקוֹל לְנַפְשָׁךְ, דְּלָאו פָּרְסָאֵי אֲנַן דְּאָמְרִי אֲבֵידְתָּא לְמַלְכָּא.

The Gemara asks: What is the meaning of: From the time that the oppressors proliferated? The Gemara answers: It is from the time that they say: A lost item belongs to the king. The Sages were concerned that any public proclamation would result in confiscation of the lost item. The Gemara relates: Rabbi Ami found a vessel full of dinars. A certain Roman saw that he was wary and hesitant to take it. The Roman said to him: Go, take it for yourself; as we are not Persians, who say that a lost item belongs to the king.

תָּנוּ רַבָּנַן: אֶבֶן טוֹעִ[י]ן הָיְתָה בִּירוּשָׁלַיִם. כׇּל מִי שֶׁאָבְדָה לוֹ אֲבֵידָה נִפְנֶה לְשָׁם, וְכׇל מִי שֶׁמּוֹצֵא אֲבֵידָה נִפְנֶה לְשָׁם. זֶה עוֹמֵד וּמַכְרִיז, וְזֶה עוֹמֵד וְנוֹתֵן סִימָנִין וְנוֹטְלָהּ. וְזוֹ הִיא שֶׁשָּׁנִינוּ: צְאוּ וּרְאוּ אִם נִמְחֵת אֶבֶן הַטּוֹעִ[י]ן.

The Sages taught in a baraita: There was a Claimant’s Stone in Jerusalem, and anyone who lost an item would be directed there and anyone who found a lost item would be directed there. This finder would stand and proclaim his find and that owner would stand and provide its distinguishing marks and take the item. And that is the place about which we learned in a mishna (Ta’anit 19a): Go and see if the Claimant’s Stone has been obscured by the rising water.

מַתְנִי׳ אָמַר אֶת הָאֲבֵידָה, וְלֹא אָמַר סִימָנֶיהָ – לֹא יִתֵּן לוֹ. וְהָרַמַּאי, אַף עַל פִּי שֶׁאָמַר סִימָנֶיהָ – לֹא יִתֵּן לוֹ, שֶׁנֶּאֱמַר: ״עַד דְּרֹשׁ אָחִיךָ אֹתוֹ״, עַד שֶׁתִּדְרוֹשׁ אֶת אָחִיךָ אִם רַמַּאי הוּא אִם אֵינוֹ רַמַּאי.

MISHNA: If a claimant accurately stated what type of item the lost item that was found by another is, but did not state, i.e., describe, its distinguishing marks, the finder shall not give it to him. And in the case of a swindler, even though he stated its distinguishing marks, the finder shall not give the lost item to him, as it is stated: “And if your brother be not near you, and you know him not, then you shall bring it into your house, and it shall be with you until your brother claims [derosh] it [oto], and you shall return it to him” (Deuteronomy 22:2). Would it enter your mind that the finder would give it to him before he claims it? How can the finder return it if he does not know the identity of the owner? Rather, the verb derosh is not referring to the claim of the owner; it is referring to the scrutiny performed by the finder. You shall not return the lost item until you scrutinize [shetidrosh] your brother to determine whether he, the claimant, is a swindler or whether he is not a swindler.

גְּמָ׳ אִתְּמַר, רַב יְהוּדָה אָמַר: ״אֲבֵידְתָּא״ מַכְרֵיז, וְרַב נַחְמָן אָמַר: ״גְּלִימָא״ מַכְרֵיז.

GEMARA: It was stated that Rav Yehuda said: One who finds an item proclaims that he found a lost item without specifying its nature. And Rav Naḥman said: He specifies the nature of the item, e.g., he proclaims that he found a cloak.

רַב יְהוּדָה אָמַר: ״אֲבֵידְתָּא״ מַכְרֵיז, דְּאִי אָמְרַתְּ ״גְּלִימָא״ מַכְרֵיז – חָיְישִׁינַן לְרַמַּאי.

Rav Yehuda said: One who finds an item proclaims that he found a lost item, as if you say that he proclaims that he found a cloak, we are concerned about the possibility that a swindler may attempt to claim the item. Perhaps the swindler learned that another person lost that item, and he will ascertain its distinguishing marks, provide those distinguishing marks, and claim the item.

רַב נַחְמָן אָמַר: ״גְּלִימָא״ מַכְרֵיז, לְרַמַּאי לָא חָיְישִׁינַן, דְּאִם כֵּן אֵין לַדָּבָר סוֹף.

Rav Naḥman said: The finder proclaims that he found a cloak, and we are not concerned about the possibility that a swindler may attempt to claim the item, as if so, there is no end to the matter. Even if the finder does not specify the nature of the item, perhaps a swindler would be able to guess its nature.

תְּנַן: אָמַר אֶת הָאֲבֵידָה וְלֹא אָמַר אֶת סִימָנֶיהָ – הֲרֵי זֶה לֹא יִתֵּן לוֹ. אִי אָמְרַתְּ בִּשְׁלָמָא ״אֲבֵידְתָּא״ מַכְרֵיז, הָא קָא מַשְׁמַע לַן אַף עַל גַּב דְּאָמַר ״גְּלִימָא״, כִּי לָא אָמַר סִימָנִין לָא מַהְדְּרִינַן לֵיהּ. אֶלָּא אִי אָמְרַתְּ ״גְּלִימָא״ מַכְרֵיז, אָמַר אִיהוּ גְּלִימָא, וְאָמַר אִיהוּ גְּלִימָא, צְרִיכָא לְמֵימַר כִּי לָא אָמַר סִימָנִין לָא מַהְדְּרִינַן לֵיהּ?

The Gemara cites proof from that which we learned in the mishna: If a claimant accurately states what type of item the lost item that was found by another is, but did not state its distinguishing marks, the finder shall not give it to him. Granted, if you say the finder proclaims that he found an unspecified lost item, this mishna teaches us that even though the claimant indeed stated that the lost item is a cloak, as long as he did not state its distinguishing marks, we do not return it to him. But if you say that the finder proclaims that he found a cloak, if the finder stated that he found a cloak and the claimant stated that he lost a cloak, does it need to be said that when he did not state its distinguishing marks, we do not return it to him?

אָמַר רַב סָפְרָא, לְעוֹלָם ״גְּלִימָא״ מַכְרֵיז, אָמַר אִיהוּ גְּלִימָא, וְאָמַר אִיהוּ סִימָנִין. וּמַאי לֹא אָמַר אֶת סִימָנֶיהָ? לָא אֲמַר סִימָנִין מוּבְהָקִין דִּידַהּ.

Rav Safra said: Actually, one could say that the finder proclaims that he found a cloak, and the mishna is referring to a case where the finder stated that he found a cloak, and the claimant stated its distinguishing marks. And what is the meaning of the phrase in the mishna: If he did not state its distinguishing marks? It means: If he did not state its clear-cut distinguishing marks but rather stated distinguishing marks that are not exclusive to the item. Therefore, he does not prove his ownership.

וְהָרַמַּאי אַף עַל פִּי שֶׁאָמַר אֶת סִימָנֶיהָ – הֲרֵי זֶה לֹא יִתֵּן לוֹ. תָּנוּ רַבָּנַן: בָּרִאשׁוֹנָה, כׇּל מִי שֶׁאָבְדָה לוֹ אֲבֵידָה – הָיָה נוֹתֵן סִימָנִין וְנוֹטְלָהּ. מִשֶּׁרַבּוּ הָרַמָּאִין, הִתְקִינוּ שֶׁיְּהוּ אוֹמְרִים לוֹ: צֵא וְהָבֵא עֵדִים דְּלָאו רַמַּאי אַתְּ, וְטוֹל.

§ The mishna teaches: And in the case of a swindler, even though he stated its distinguishing marks, the finder shall not give the lost item to him. The Sages taught: Initially, anyone who lost an item would provide its distinguishing marks and take it. But when the swindlers proliferated, the Sages instituted an ordinance that the finders will say to him: Go and bring witnesses who can testify that you are not a swindler, and take your item.

כִּי הָא דַּאֲבוּהּ דְּרַב פָּפָּא אִירְכַס לֵיהּ חַמְרָא וְאַשְׁכְּחוּהּ. אֲתָא לְקַמֵּיהּ דְּרַבָּה בַּר רַב הוּנָא, אֲמַר לֵיהּ: זִיל אַיְיתִי סָהֲדִי דְּלָאו רַמַּאי אַתְּ, וְטוֹל. אֲזַל אַיְיתִי סָהֲדֵי, אֲמַר לְהוּ: יָדְעִיתוּן בֵּיהּ דְּרַמַּאי הוּא? אֲמַרוּ לֵיהּ: אִין. אֲמַר לְהוּ: אֲנָא רַמָּאָה אֲנָא?! אֲמַרוּ לֵיהּ: אֲנַן ״לָאו רַמַּאי אַתְּ״ קָאָמְרִינַן. אָמַר רַבָּה בַּר רַב הוּנָא: מִסְתַּבְּרָא, לָא מַיְיתֵי אִינִישׁ חוֹבְתָּא לְנַפְשֵׁיהּ.

The Gemara relates: This is as in that incident involving the father of Rav Pappa, who lost a donkey and others found it. He came before Rabba bar Rav Huna to reclaim his donkey. Rabba bar Rav Huna said to the father of Rav Pappa: Go and bring witnesses who can testify that you are not a swindler, and you may take your donkey. The father of Rav Pappa went and brought witnesses. Rabba bar Rav Huna said to the witnesses: Do you know about him that he is a swindler? The witnesses said: Yes. Rav Pappa’s father said, incredulously, to the witnesses: I am a swindler? The witnesses said to him: We were saying that you are not a swindler. They had thought the question was if he was not a swindler, and therefore responded in the affirmative. Rabba bar Rav Huna said: It is reasonable to conclude that the witnesses actually intended to support Rav Pappa’s father, because presumably, a person does not bring condemnation upon himself; Rav Pappa’s father would not have volunteered to provide witnesses who would testify against him.

מַתְנִי׳ כׇּל דָּבָר שֶׁעוֹשֶׂה וְאוֹכֵל – יַעֲשֶׂה וְיֹאכַל, וְדָבָר שֶׁאֵין עוֹשֶׂה וְאוֹכֵל – יִמָּכֵר, שֶׁנֶּאֱמַר: ״וַהֲשֵׁבוֹתוֹ לוֹ״, רְאֵה הֵיאַךְ תְּשִׁיבֶנּוּ לוֹ.

MISHNA: If one finds any living being that works and generates enough revenue to cover the costs of the food that it eats, it shall work and eat while in the finder’s possession. And any living being that does not work but it does eat shall be sold, as it is stated: “Then you shall bring it into your house, and it shall be with you until your brother claims it, and you shall return it to him” (Deuteronomy 22:2), indicating that the finder must see how best to return it to him. Since the owner must repay the finder for his expenditures, if feeding the animal costs more than its value, the finder’s keeping the animal in his possession will prevent the owner from recovering it.

מָה יְהֵא בַּדָּמִים? רַבִּי טַרְפוֹן אוֹמֵר: יִשְׁתַּמֵּשׁ בָּהֶן, לְפִיכָךְ אִם אָבְדוּ – חַיָּיב בְּאַחְרָיוּתָן. רַבִּי עֲקִיבָא אוֹמֵר: לֹא יִשְׁתַּמֵּשׁ בָּהֶן, לְפִיכָךְ אִם אָבְדוּ – אֵין חַיָּיב בְּאַחְרָיוּתָן.

What shall be done with the money received from the sale of the animal? Rabbi Tarfon says: The finder may use it; therefore, if the money is lost, he is liable to pay restitution for it. Rabbi Akiva says: He may not use the money; therefore, if it is lost, he is not liable to pay restitution for it.

גְּמָ׳ וּלְעוֹלָם? אָמַר רַב נַחְמָן אָמַר שְׁמוּאֵל: עַד שְׁנֵים עָשָׂר חֹדֶשׁ. תַּנְיָא נָמֵי הָכִי: כׇּל דָּבָר שֶׁעוֹשֶׂה וְאוֹכֵל כְּגוֹן פָּרָה וַחֲמוֹר – מִטַּפֵּל בָּהֶן עַד שְׁנֵים עָשָׂר חֹדֶשׁ, מִכָּאן וְאֵילָךְ – שָׁם דְּמֵיהֶן וּמַנִּיחָן.

GEMARA: The mishna teaches that an animal that generates enough revenue to cover the costs of the food that it eats shall work and eat while in the finder’s possession. The Gemara asks: And must he care for the animal forever? Rav Naḥman says that Shmuel says: He cares for the animal until twelve months pass. This is also taught in a baraita: If one finds any living being that works and generates enough revenue to cover the costs of the food that it eats, e.g., a cow or a donkey, he tends to them until twelve months pass. From that point forward, one assesses their value, sells them, and places the money aside for the owner.

עֲגָלִים וּסְיָיחִין – מִטַּפֵּל בָּהֶן שְׁלֹשָׁה חֳדָשִׁים, מִכָּאן וְאֵילָךְ – שָׁם דְּמֵיהֶן וּמַנִּיחָן. אֲווֹזִין וְתַרְנְגוֹלִין – מִטַּפֵּל בָּהֶם שְׁלֹשִׁים יוֹם, מִכָּאן וְאֵילָךְ – שָׁם דְּמֵיהֶן וּמַנִּיחָן.

If one finds calves and foals, which are young and unfit for labor, he tends to them for three months, as they do not earn their keep. From that point forward, one assesses their value, sells them, and places the money aside for the owner. If one finds geese and roosters, he tends to them for thirty days. From that point forward, one assesses their value, sells them, and places the money aside for the owner.

אָמַר רַב נַחְמָן בַּר יִצְחָק: תַּרְנְגוֹלֶת כִּבְהֵמָה גַּסָּה. תַּנְיָא נָמֵי הָכִי: תַּרְנְגוֹלֶת וּבְהֵמָה גַּסָּה – מִטַּפֵּל בָּהֶן שְׁנֵים עָשָׂר חוֹדֶשׁ, מִכָּאן וְאֵילָךְ – שָׁם דְּמֵיהֶן וּמַנִּיחָן. עֲגָלִים וּסְיָיחִין – מִטַּפֵּל בָּהֶן שְׁלֹשִׁים יוֹם, מִכָּאן וְאֵילָךְ – שָׁם דְּמֵיהֶן וּמַנִּיחָן. אֲווֹזִין וְתַרְנְגוֹלִין וְכׇל דָּבָר שֶׁטִּיפּוּלוֹ מְרוּבֶּה מִשְּׂכָרוֹ – מִטַּפֵּל בָּהֶן שְׁלֹשָׁה יָמִים, מִכָּאן וְאֵילָךְ – שָׁם דְּמֵיהֶן וּמַנִּיחָן.

Rav Naḥman bar Yitzḥak says: The legal status of a chicken is like that of a large domesticated animal in that the eggs it lays suffice to cover the cost of its food, and therefore the finder keeps it for twelve months. This is also taught in a baraita: If one finds a chicken and a large domesticated animal, he tends to them for twelve months. From that point forward, one assesses their value, sells them, and places the money aside for the owner. If one finds calves and foals, he tends to them for thirty days. From that point forward, one assesses their value, sells them, and places the money aside for the owner. If one finds geese and roosters and anything that costs more to tend to than the revenue generated by it, he tends to them for three days. From that point forward, one assesses their value, sells them, and places the money aside for the owner.

קַשְׁיָא עֲגָלִים וּסְיָיחִין אַעֲגָלִים וּסְיָיחִין, אֲווֹזִין וְתַרְנְגוֹלִין אַאֲווֹזִין וְתַרְנְגוֹלִין!

The Gemara asks: It is difficult, as there is a contradiction between the ruling in the first baraita that the finder keeps calves and foals for three months and the ruling in the second baraita that the finder keeps calves and foals for thirty days; and there is another contradiction between the ruling in the first baraita that the finder keeps geese and roosters for thirty days, and the ruling in the second baraita that the finder keeps geese and roosters for three days.

עֲגָלִים וּסְיָיחִין אַעֲגָלִים וּסְיָיחִין לָא קַשְׁיָא: הָא דְּרִעְיָא, וְהָא דְּפִטּוּמָא.

The Gemara answers: The contradiction between the ruling in the first baraita with regard to calves and foals and the ruling in the second baraita with regard to calves and foals is not difficult. This ruling in the first baraita that the finder keeps them for three months is referring to calves and foals that graze in the pasture, and that ruling in the second baraita that the finder keeps them for thirty days is referring to calves and foals that need to be fattened and therefore require greater exertion on the part of the one who finds them.

אֲווֹזִין וְתַרְנְגוֹלִין אַאֲווֹזִין וְתַרְנְגוֹלִין נָמֵי לָא קַשְׁיָא: הָא בְּרַבְרְבֵי, הָא בְּזוּטְרֵי.

The contradiction between the ruling in the first baraita with regard to geese and roosters and the ruling in the second baraita with regard to geese and roosters is also not difficult. This ruling in the first baraita that the finder keeps them for thirty days is referring to large geese and roosters, which do not require great exertion, and that ruling in the second baraita that the finder keeps them for three days is referring to small geese and roosters, which require great exertion.

וְשֶׁאֵינוֹ עוֹשֶׂה וְאוֹכֵל. תָּנוּ רַבָּנַן: ״וַהֲשֵׁבוֹתוֹ לוֹ״ – רְאֵה הֵיאַךְ תְּשִׁיבֶנּוּ לוֹ, שֶׁלֹּא יַאֲכִיל עֵגֶל לַעֲגָלִים, וּסְיָח לִסְיָיחִין, אֲווֹזָא לַאֲווֹזִין, וְתַרְנְגוֹל לְתַרְנְגוֹלִין.

The mishna teaches: And any living being that does not work but it does eat shall be sold. The Sages taught in a baraita: The verse states: “And you shall return it to him” (Deuteronomy 22:2), indicating that the finder must see how best to return it to him, meaning that one shall not feed the value of a calf to the lost calves that he is tending, nor the value of a foal to the lost foals that he is tending, nor the value of a goose to the geese that he is tending, nor the value of a rooster to the roosters that he is tending. Were the finder to do so, ultimately, the owner would receive nothing.

מָה יְהֵא בַּדָּמִים? רַבִּי טַרְפוֹן אוֹמֵר יִשְׁתַּמֵּשׁ וְכוּ׳. עַד כָּאן לָא פְּלִיגִי

§ The mishna teaches: What shall be done with the money received from the sale of the animal? Rabbi Tarfon says: The finder may use it; therefore, if the money is lost, he is liable to pay restitution for its loss. Rabbi Akiva says: He may not use the money. Therefore, if it is lost, he is not liable to pay restitution. The Gemara analyzes the tannaitic dispute: Rabbi Tarfon and Rabbi Akiva disagree