Soncino English Talmud
Bava Metzia
Daf 21a
We ask the witnesses whether [the debt] is paid or not. Come and hear: A note of cancellation which bears the signatures of witnesses is valid? — The witnesses referred to are witnesses to the endorsement [of the note by the Court]. This is also conclusive, for the final clause teaches: 'But if it does not bear the signatures of witnesses it is invalid.' Now, what is the meaning of [the words], 'It does not bear the signatures of witnesses'? If I should say that [it means that] there are no signatures of witnesses on it at all — is it necessary to say that is invalid? Therefore we must assume that they are witnesses to the endorsement [of the note by the Court]. The main text [states]: 'A note of cancellation which bears the signatures of witnesses must be corroborated by the signatories.' But if it does not bear the signatures of witnesses and is produced by a third person, or if it is found below the signatures of the notes [of indebtedness], it is valid.' If it is produced by a third person [it is valid] because the lender trusted the third person; if it is found below the signatures of the notes [of indebtedness it is] also [valid], because if [the debt] had not been paid he [the lender] would not have invalidated the note. MISHNAH. SOME FINDS BELONG TO THE FINDER; OTHERS MUST BE ANNOUNCED. THE FOLLOWING ARTICLES BELONG TO THE FINDER: IF ONE FINDS SCATTERED FRUIT, SCATTERED MONEY, SMALL SHEAVES IN A PUBLIC THOROUGHFARE, ROUND CAKES OF PRESSED FIGS, A BAKER'S LOAVES, STRINGS OF FISHES, PIECES OF MEAT, FLEECES OF WOOL WHICH HAVE BEEN BROUGHT FROM THE COUNTRY, BUNDLES OF FLAX AND STRIPES OF PURPLE, COLOURED WOOL; ALL THESE BELONG TO THE FINDER. THIS IS THE VIEW OF R. MEIR. R. JUDAH SAYS: WHATSOEVER HAS IN IT SOMETHING UNUSUAL MUST BE ANNOUNCED, AS, FOR INSTANCE, IF ONE FINDS A ROUND [OF FIGS] CONTAINING A POTSHERD, OR A LOAF CONTAINING MONEY. R. SIMEON B. ELEAZAR SAYS: NEW MERCHANDISE NEED NOT BE ANNOUNCED. GEMARA. IF ONE FINDS SCATTERED FRUIT, etc. What quantity [of fruit in a given space] is meant? R. Isaac said: A kab within four cubits. But what kind of a case is meant? If [the fruit appears to have been] dropped accidentally, then even if there is more than a kab [it should] also [belong to the finder]. And if it appears to have been [deliberately] put down, then even if there is a smaller quantity it should not [belong to the finder]? — R. 'Ukba b. Hama answered: We deal here with [the remains of] what has been gathered on the threshing floor: [To collect] a kab [scattered over a space] of four cubits is troublesome, and, as people do not trouble to come back and collect it, [the owner also] abandons it, but if it is [spread over] a smaller space [the owner] does come back and collect it, and he does not abandon it. R. Jeremiah enquired: How is it [if one finds] half a kab [scattered over the space] of two cubits? Is the reason why a kab within four cubits [belongs to the finder] that it is troublesome [to collect], and therefore half a kab within two cubits, which is not troublesome to collect, is not abandoned [and should not belong to the finder], or is the reason [in the case of a kab within four cubits] that it is not worth the trouble of collecting [when spread over such a space], and therefore half a kab within two cubits, which is still less worth the trouble of collecting, is abandoned [and should belong to the finder]? [Again,] how is it [if one finds] two kabs [scattered over the space] of eight cubits? Is the reason why a kab within four cubits [belongs to the finder] that it is troublesome to collect, and therefore two kabs within eight cubits, which are still more troublesome to collect, are even more readily abandoned [and should certainly belong to the finder], or is the reason [in the case of a kab within four cubits] that it is not worth the trouble [of collecting], and therefore two kabs within eight cubits, which are worth the trouble [of collecting] are not abandoned [and should not belong to the finder]? [Again,] how is it [if one finds] a kab of poppy-seed [scattered over a space] of four cubits? Is the reason why a kab [of fruit] within four cubits [belongs to the finder] that it is not worth the trouble [of collecting], and therefore poppy-seed, which is worth the trouble [of collecting] is not abandoned [and should not belong to the finder], or is the reason [in the case of a kab within four cubits] that it is troublesome [to collect], and therefore poppy-seed, which is even more troublesome [to collect], is abandoned [and should belong to the finder]? [Again], how is it [if one finds] a kab of dates within four cubits, or a kab of pomegranates within four cubits? Is the reason why a kab [of ordinary fruit] within four cubits [belongs to the finder] that it is not worth the trouble of collecting, and therefore a kab of dates within four cubits, or a kab of pomegranates within four cubits, which also is not worth the trouble [of collecting] is abandoned [and should belong to the finder], or is the reason [in the case of a kab within four cubits] that it is troublesome to collect, and therefore a kab of dates within four cubits or a kab of pomegranates within four cubits, which are not troublesome [to collect], are not abandoned [and should not belong to the finder]? — The questions remain unanswered. It has been stated:
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