Talmud Shiur 5784 #4

(1)

1. These found objects belong to the finder
2. and these ones must be proclaimed [in the lost and found].
3. These found objects belong to the finder:
   1. if a man found scattered fruit,
      1. scattered money,
      2. small sheaves in the public domain,
      3. cakes of figs,
      4. bakers’ loaves,
      5. strings of fish,
      6. pieces of meat,
      7. wool shearings [as they come] from the country of origin,
      8. stalks of flax
      9. and strips of purple wool,
   2. These all belong to the finder,
      1. according to Rabbi Meir.
4. Rabbi Judah says:
   1. “Anything which has in it something unusual, must be proclaimed.
   2. How is this so?
      1. If he found a round cake with a potsherd in it or a loaf with coins in it [he must proclaim them].”
5. Rabbi Shimon ben Elazar says:
   1. “New merchandise need not be proclaimed.”

(Mishnah 1)

Mishna - Elu Metziot:

If he found scattered fruit- their owners have abandoned them; so they are ownerless, as it says in the gemara.

Scattered money- Since they do not have a clear identifying mark, he abandons [them], and they become ownerless. And this is the reason for all of [these items].

Small sheaves (Kerichot) - Small sheaves. [It is] like we translate "gathering bundles" (Genesis 37:7), [as] mekarkhan kerichan in the Jerusalem Talmud.

In the public domain - as everyone tramples them. And if they had an identifying mark, it is surely destroyed.

Bakers' - All baker's bread is the same, but bread [from the kitchen] of a homeowner has an identifying mark.

From their country of origin- As they are, when they are shorn like all of the the shearings in the state. [This is] to exclude those that come from the craftsman's home, as it is learned in the lower part (the next mishnah).

Stalks of Flax - Ristes in the language of Ashkenaz (Germany); and in our place (France), it is popedes.

Strips (literally, tongues) of purple wool - Combed and pulled wool, then dyed purple; and they are common.

Found a round cake - of figs.

New Merchandise (Anpurya) - it will be explained in the gemara.

GEMARA:

One found scattered produce.

1. And how much?
   1. Rabbi Yitzḥak says: One kav in four cubits.
   2. What are the circumstances?
      1. If in a manner indicating falling,
         1. Even greater also.
      2. And if in a manner indicating placement,
         1. Even less should also not.
   3. Rav Ukva bar Ḥama said: We are dealing with kernels of wheat that remained during the gathering of grain on the threshing floor.
      1. One kav in an area of four by four cubits,
         1. whose gathering requires great exertion,
      2. a person does not exert himself and does not return and take them.
         1. Therefore, he renounces his ownership of them.
      3. Smaller than that,
         1. the owner exerts himself and returns and takes them.
         2. And therefore, he does not renounce his ownership of them.

Rabbi Yirmeya raises a dilemma:

1. If a half-kav of kernels were scattered in an area of two by four cubits,
   1. What is the halakha?
   2. In the case of one kav of kernels scattered in an area of four by four cubits, what is the reason that the owner renounces his ownership of the kernels?
      1. It is due to the fact that gathering the kernels requires great exertion. In the case of a half-kav in two cubits, since gathering them does not require great exertion, he does not renounce his ownership of them.
   3. Or perhaps,
      1. It is due to the fact that they are not of significant value.
         1. In the case of a half-kav in two cubits,
            1. since they are certainly not of significant value, he renounces his ownership of the kernels.
2. If two kav of kernels were scattered in an area of eight by four cubits, what is the halakha?
   1. If one kav of kernels is scattered in an area of four by four cubits, what is the reason that the owner renounces ownership?
      1. It is due to the fact that gathering them requires great exertion.
      2. This is true all the more so in the case of two kav in eight cubits,
         1. since gathering them requires even greater exertion, the owner renounces his ownership of them.
   2. Or perhaps,
      1. It is due to the fact that they are not of significant value.
         1. But in the case of two kav in eight cubits,
            1. since they are of significant value, he does not renounce his ownership of them.
3. If one kav of sesame seeds was scattered in an area of four by four cubits,
   1. what is the halakha?
   2. In the case of one kav of kernels scattered in four cubits, what is the reason that the owner renounces ownership?
      1. It is due to the fact that they are not of significant value.
      2. And in the case of sesame seeds, since they are of significant value he does not renounce his ownership of them.
   3. Or perhaps,
      1. It is due to the fact that gathering them requires great exertion.
         1. That is true all the more so in the case of sesame seeds.
         2. Since gathering them requires even greater exertion, he renounces his ownership of them.
4. If one kav of dates in four cubits, or if one kav of pomegranates in four cubits,
   1. what is the halakha?
   2. In the case of one kav of kernels scattered in four cubits, what is the reason that the owner renounces ownership?
      1. It is due to the fact that they are not of significant value;
         1. and also in the case of one kav of dates in four cubits or one kav of pomegranates in four cubits,
         2. since they are not of significant value he renounces ownership of the fruit.
   3. Or perhaps,
      1. It is due to the fact that gathering them requires great exertion.
         1. And in the case of one kav of dates in an area of four by four cubits or one kav of pomegranates in an area of four by four cubits,
         2. since gathering them does not require great exertion he does not renounce his ownership of them.
5. What is the halakha?
6. All these dilemmas shall stand unresolved.

Gemara:

And how much - is [still] considered scattered?

A kav - scattered in four [by four] cubits; but in three [by three] cubits, it is not [considered] scattered. And the reason will be explained as we go.

If in a manner of falling - If he found them in the manner of being dropped; [such] that it can be ascertained that they were not placed there internationally, but rather fell.

Even greater - than a kav as well; as there is no sign, [the owner] abandoned [them].

And if in a manner of placement, etc. - he will return and take them in the future.

The gathering on the threshing floor - At the time of the gathering of the threshing floors; and their owners thresh [the grain] and carry off the main part and leave these over.

Great exertion - to collect them.

Smaller than that - If their scattering was in [an area] less than this.

Because they are not of significant [value] - to him, the kav of produce, to exert himself for them with the exertion of gathering [them] over four [by four] cubits. Sesame [seeds] - are very small, so there is more exertion than [with] wheat; but their value is high.

Dates and pomegranates - are large, and there is no exertion in gathering them.