Soncino English Talmud
Bava Metzia
Daf 23b
AND STRINGS OF FISHES. Why [do they belong to the finder]? Should not the knot serve as an identification mark? — [The Mishnah speaks] of a fisherman's knot which is tied so universally. But should not the number of [fishes on the string] serve as a distinguishing mark? — [The Mishnah speaks] of a fixed number [of fishes]. R. Shesheth was asked: Is the number a distinguishing mark or not? — R. Shesheth answered: You have learned it: If one finds a vessel of silver or copper or tin of lead or any other kind of metal, one shall not return it unless [the loser] indicates a mark, or unless he states accurately its weight. And seeing that weight is an identification mark measurement and number are also [to be deemed] identification marks. AND PIECES OF MEAT, etc. Why [do they belong to the finder]? Should not the weight serve as a distinguishing mark? — [The Mishnah speaks] of a fixed weight. But should not the piece itself, whether it be of the neck or of the loin, serve as an identification mark? Has it not been taught: 'If one finds pieces of fish, or a fish which has been bitten into, one has to announce [the find]; barrels of wine, oil, corn, dried figs, or olives belong to the finder'? — Here we deal with a case where there is an identification mark in the cut. Thus Rabbah son of R. Huna used to cut [pieces of meat] in the shape of a triangle. There is also a proof for this: For he mentions [cut pieces as if they were] like the fish which has been bitten into. This is conclusive. The Master said [as quoted above]: 'Barrels of wine, oil, corn, dried figs, or olives belong to the finder.' But have we not learnt: Jars of wine and jars of oil have to be announced? — R. Zera answered in the name of Rab: Our Mishnah deals with sealed [barrels]. 'It must thus be assumed that the Baraitha deals with open [barrels] — but open barrels constitute a deliberate loss! — R. Hosaia answered: [It deals with] barrels which have been stopped up. Abaye says: You may even say that both [the Mishnah and the Baraitha] deal with sealed [barrels], yet there is no contradiction: Here [the law refers to the time] before the opening of the cellars; there [it refers to the time] after the opening of the cellars. Thus R. Jacob b. Abba found a barrel of wine after the opening of the cellars, and when he appeared before Abaye the latter said to him: Go and take it for yourself. R. Bibi asked of R. Nahman: Is the place [where an article is found] an identification mark or not? — [R. Nahman] answered him: You have learned it: If one finds barrels of wine, or of oil, or of corn, or of dried figs, or of olives, they belong to him. Now if you were to assume that the place [where an article is found] is an identification mark [the finder] ought to announce the place! — R. Zebid answered: Here we deal with [barrels found] on the river-bank. R. Mari said: For what reason did the Rabbis maintain that the river-bank does not constitute an identification mark? Because we say to him: As it happened to you, so it may have happened to your neighbour. Some have another version: R. Mari said: For what reason did the Rabbis maintain that the place constitutes no identification mark? Because we say to him: As it happened to you in this place, so it may have happened to your neighbour in this [same] place. Once a man found some pitch in a winepress. So he appeared before Rab, and the latter said to him: Go and take if for yourself. When [Rab] saw that he hesitated [to do so] he said to him: Go and share it with my son Hiyya. Shall we then say that Rab is of the opinion that the place [where an article is found] does not constitute an identification mark? — R. Abba answered: It was appropriated because it was deemed to have been abandoned by the owners, as it was seen that weeds had grown upon it. R. SIMEON B. ELEAZAR SAYS, etc. What is meant by 'anfuria'? Rab Judah said in the name of Samuel: New vessels which one's eye has not yet sufficiently noted. — In what circumstances? If there is on them an identification mark — what does it matter if the eye has not yet sufficiently noted them? If there is no identification mark on them-what does it matter if the eye has sufficiently noted them? — Admittedly there is no identification mark on them. But the point [as explained by Rab Judah] is important in regard to the question whether the [lost vessels] should be returned to [a claimant who is] a learned man [and who recognises the vessels] by sight: If [it is a case where] the eye has sufficiently noted [the lost vessels] he is sure to know them, and we give them back to him. But [in a case] where the eye has not sufficiently noted them he cannot be sure to know them, and we do not give them back to him. For Rab Judah said in the name of Samuel: In the following three matters learned men do conceal the truth: In matters of a tractate, bed,
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