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Babylonian Talmud: Tractate Baba Mezi'ahospitality.1 What is the point [in this observation]? — Mar Zutra said: [It is important in regard to the question] of returning a lost article, [recognised] by sight: If we know that [the claimant] conceals the truth in those three matters only we give it back to him, but if he does not speak the truth also in other matters we do not give it back to him. Mar Zutra the pious once had a silver vessel stolen from him2 in a hospice. When he saw a disciple wash his hands and dry them on someone else's garment he said, 'This is the person [who stole the vessel], as he has no consideration for the property of his neighbour.' [The disciple] was then bound, and he confessed. It has been taught: 'R. Simeon b. Eleazar admits that new vessels which the eye has sufficiently noted have to be announced. And the following new vessels which the eye has not sufficiently noted have not to be announced: such as — poles of needles,3 knitting needles, and bundles of axes. All these objects mentioned above are permitted4 only if they are found singly, but if found in twos one must announce them.' What are badde ['poles']? Rods. And why are they called badde ['poles']? Because an object on which things hang is called 'bad'5 — as is stated there:6 One leaf on one branch ['bad']. 'R. Simeon b. Eleazar also said: If one rescues anything from a lion, a bear, a leopard, a panther, or from the tide of the sea, or from the flood of a river, or if one finds anything on the high road, or in a broad square, or in any place where crowds are frequent, it belongs to the finder — because the owner has given it up.7 The question was asked: Did R. Simeon b. Eleazar say this [with regard to things found in places] where the majority of the people are heathens,8 but not where the majority are Israelites, or [did he say this] also [with regard to things found in places] where the majority are Israelites? And if you come to the conclusion that [he said this] also where the majority are Israelites do the Rabbis differ from him or not? And if you come to the conclusion that they differ from him — they would certainly differ where the majority are Israelites — do they differ where the majority are heathens, or not?9 And if you come to the conclusion that they differ even where the majority are heathens, is the law in accordance with his view or not? And if you come to the conclusion that the law is in accordance with his view, does this apply only to the case where the majority are heathens, or also to the case where the majority are Israelites? — Come and hear: If one finds money in a Synagogue or a house of study, or in any other place where crowds are frequent, it belongs to the finder, because the owner has given it up.10 Now, who is the authority that lays it down that we go according to the majority11 if not R. Simeon b. Eleazar? You must therefore conclude that [he applies this principle] also to a case where the majority are Israelites!12 — Here we deal with [a case where the money found was] scattered.13 But if [the money was] scattered, why refer to places where crowds are frequent? It would apply also to places where crowds are not frequent!14 — Admittedly, therefore, [the reference is to money found] in bundles,15 but we deal here with Synagogues16 of heathens. But how can this be applied to 'houses of study'?17 — [The reference is to] our houses of study in which heathens stay.18 Now that you have arrived at this conclusion [the reference to] 'Synagogues' [can] also [be explained as meaning] our Synagogues in which heathens stay. Come and hear: If one finds therein19 a lost object, then if the majority are Israelites it has to be announced, but if the majority are heathens it has not to be announced.20 Now who is the authority that lays it down that we go according to the majority if not R. Simeon b. Eleazar? You must therefore conclude that R. Simeon b. Eleazar says this only where the majority are heathens, but not where the majority are Israelites! — [No.] This is the view of the Rabbis. But then you could conclude therefrom that the Rabbis accept R. Simeon b. Eleazar's view in the case where the majority are heathens! — Admittedly, therefore, this21 represents the view of R. Simeon b. Eleazar, and his ruling applies also to a case where the majority are Israelites, but here21 we deal [with a case where the money was] concealed.22 But if it was concealed, what has [the finder] to do with it? Have we not learnt: 'if one finds a vessel in a dungheap, if covered up he may not touch it; but if uncovered he must take it and announce it'?23 — As R. papa explained:24 [The reference is] to a dungheap which is not regularly cleared away, and which [the owner] unexpectedly decided to clear away — so here also [the reference is] to a dungheap which is not regularly cleared away, and which [the owner] unexpectedly decided to clear away.25
Baba Mezi'a 24bAnd if you wish I will say: Admittedly this is the view of the Rabbis,1 but is it stated. 'They belong to the finder'? — It [merely] says 'He has not to announce them' [meaning that] he lets it lie,2 and when an Israelite comes and indicates an identification mark in it he receives it. Come and hear: R. Assi said: If one finds a barrel of wine in a town where the majority are heathens he is permitted [to keep it] as a find but he is forbidden to derive any benefit from it.3 If an Israelite comes and indicates an identification mark in it the finder is permitted to drink it.4 Now this is obviously in accordance with the view of R. Simeon b. Eleazar.5 It therefore follows that R. Simeon b. Eleazar only Says this where the majority are heathens, but not where the majority are Israelites! — [No.] In reality, I will tell you. R. Simeon b. Eleazar says this also where the majority are Israelites, but R. Assi agrees with him in the one case6 but differs from him in the other case.7 But if [the finder] is forbidden to derive any benefit [from the barrel of wine], what purpose does the law serve [by permitting him to keep it]? — R. Ashi answered: In regard to the vessel.8 A certain man once found four zuz which had been tied up in a cloth and thrown into the river Biran. When he appeared before Rab Judah the latter said to him, 'Go and announce it.' But is not this [like retrieving an object from] the tide of the sea? — The river Biran is different. As it contains obstacles9 the owner does not give up hope.10 But does not the majority11 consist of heathens? Hence it must be concluded that the halachah is not in accordance with R. Simeon b. Eleazar even where the majority are heathens! — [The position in regard to] the river Biran is different. For Israelites dam it up12 and Israelites dredge it: As Israelites dam it up it may be assumed that an Israelite dropped [the coins], and as Israelites dredge it, [the loser] did not give them up.13 Rab Judah once followed Mar Samuel into a street of wholemeal vendors,14 and he asked him: What if one found here a purse?15 — [Mar Samuel] answered: It would belong to the finder. What if an Israelite came and indicated an identification mark? — [Mar Samuel] answered: He would have to return it. Both?16 — [Mar Samuel] answered: [He should go] beyond the requirements of the law.17 Thus the father of Samuel found some asses in a desert, and he returned them to their owner after a year of twelve months: [he went] beyond the requirements of the law. Raba once followed R. Nahman into a street of skinners18 — some say into a street of scholars — and he asked him: What if one found here a purse? — [R. Nahman] answered: It would belong to the finder. What if an Israelite came and indicated its identification mark? — [R. Nahman] answered: It would [still] belong to the finder. But that one keeps protesting! — It is as if one protested against his house collapsing or against his ship sinking in the sea. Once a vulture seized a piece of meat in the market and dropped it among the palm-trees belonging to Bar Marion. When the latter appeared before Abaye he19 said to him: Go and take it for yourself. Now, the majority [in that case] consisted of Israelites. Hence it must be concluded that the halachah is in accordance with R. Simeon b. Eleazar even where the majority are Israelites! — [The position in regard to] a vulture is different — for it is like the tide of the sea.20 But did not Rab say that meat which has disappeared from sight is forbidden?21 — He22 stood by and watched it.23 R. Hanina once found a slaughtered kid between Tiberias and Sepphoris, and he was permitted [to appropriate] it. R. Ammi said: He was permitted [to appropriate] it as a find, according to R. Simeon b. Eleazar, and as regards the method of slaughter24 — [it was deemed proper.] according to R. Hanania, the son of R. Jose the Galilean. For it has been taught25 'If one lost his kids or chickens and subsequently found them slaughtered — R. Judah forbids them, and R. Hanania the son of R. Jose the Galilean, permits them [to be eaten]. Rabbi said: The words of R. Judah seem right in a case where [the lost kids or chickens] were found on a dungheap while the words of R. Hanania, the son of R. Jose the Galilean seem right when they were found in a house.26 Now, seeing that they were permitted in regard to the method of slaughter, the majority must have consisted of Israelites.27 Hence it must be concluded that the halachah is according to R. Simeon b. Eleazar even where the majority are Israelites! — Raba replied: [That was a case where] the majority [of the inhabitants were] heathens, and the majority of the slaughterers [were] Israelites.28 R. Ammi once found some slaughtered pigeons between Tiberias and Sepphoris. When he appeared before R. Assi — some say, before R. Johanan; others again say, in the house of study — he was told: 'Go and take them for yourself.' R. Isaac the blacksmith once found some balls of string which were used for making nets. When he appeared before R. Johanan — some say. in the house of study — he was told: 'Go and take them for yourself.' * MISHNAH. THE FOLLOWING OBJECTS HAVE TO BE PROCLAIMED: IF ONE FINDS FRUIT IN A VESSEL,29 OR A VESSEL BY ITSELF, MONEY IN A PURSE,30 OR A PURSE BY ITSELF; HEAPS OF FRUIT,31 HEAPS OF COINS, - To Next Folio -
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