Talmud Shiur 5784 #16

1. Rav Beivai raised a dilemma before Rav Naḥman: Is the location where the lost item was found a distinguishing mark, or is it not a distinguishing mark?
2. Rav Naḥman said to him that you learned it in the baraita: If one found barrels of wine, or of oil, or of grain, or of dried figs, or of olives, these belong to him.
   1. And if it enters your mind that location is a distinguishing mark, let the finder proclaim what he found, and have the location serve as a distinguishing mark.
3. Rav Zevid said: With what are we dealing here? We are dealing with the case of a barrel that was found on the bank of the river.
4. Rav Mari said: What is the reason that the Sages said that in the case of a lost item, the location of the bank of a river is not a distinguishing mark?
   1. It is because we say: Just as it happened that you lost an item there, it also happened that another person lost an item there.
5. Some say a slightly different version of that which Rav Mari said: What is the reason that the Sages said that location is not a distinguishing mark?
   1. It is because we say: Just as it happened that you placed an item in that place, it also happened that another placed an item in that place.
6. The Gemara relates: There was a certain man who found pitch near the winepress.
7. He came before Rav to ascertain what he should do with the pitch. Rav said to him: Go take the pitch for yourself.
8. Rav saw that the man was hesitating, uncertain that he was entitled to the pitch. Rav said to him: Go divide it with Ḥiyya my son.
9. Let us say that Rav holds that location is not a distinguishing mark.
10. Rabbi Abba said: That is not Rav’s reasoning. Rather, it is due to the despair of its owner that the Sages touched upon this matter and permitted the finder to keep such a found item.
    1. As, Rav saw that grass was growing through the pitch, indicating that it had been there for an extended period.

(10) The following laws apply if a person finds small sheaves in a private domain: If it appears that they have fallen, he may keep them. If it appears that they have been intentionally placed there, he must announce their discovery.
The rationale is that although they do not have a mark by which they can be identified, the place where they are discovered can serve as a mark of identification, even though it is not a distinctive mark of identification.
If he finds large sheaves, whether in the private domain or in the public domain, he should take them and announce their discovery.

(3) One who finds a lost object is only obligated to announce something that has an identifying mark on itself, or when its location, its knots, its amount, its measurement or its weight is fitting to give as an identifying mark. But if it has no identifying mark, even in its location - such as if it is clear that it was not placed there intentionally, but rather came there in the manner of being dropped: If it something that can be assumed that its owners noticed very soon [after] it fell from them - either because of its heaviness or because of its significance and he is always feeling for it, so he notices when it falls - it is surely the finders. As behold, [the owner] abandoned [it] immediately when he knew that if fell, for it has no identifying mark. Hence it came to the hand of [the finder] permissibly, as its owners had abandoned it. But if [the object was] not [like this, the finder] is obligated to return it - even though [the owners] abandoned it afterwards - since it came to his hand before [its] abandonment.

(9) One who found small bundles [of grain] in a public area, they are certainly his - since they have no identifying mark. But if he found them in a private area: If they came there in the manner of being dropped, they are surely his. But if it was in the manner of being placed, he is obligated to announce [them], as their location is an identifying mark. But if he found large bundles - whether in a public area or whether in a private area - he must take and announce [them]. Gloss: As their location is an identifying mark. However a location in which everyone is accustomed to place [their items] there, such as a barrel on the riverfront, is not an identifying mark - since everyone unloads their barrels there....