Soncino English Talmud
Bava Metzia
Daf 24a
hospitality. 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 him 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, knitting needles, and bundles of axes. All these objects mentioned above are permitted 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' — as is stated there: 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. 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, 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? 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. 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 [he applies this principle] also to a case where the majority are Israelites! — Here we deal with [a case where the money found was] scattered. 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! — Admittedly, therefore, [the reference is to money found] in bundles, but we deal here with Synagogues of heathens. But how can this be applied to 'houses of study'? — [The reference is to] our houses of study in which heathens stay. 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 therein 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. 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, this represents the view of R. Simeon b. Eleazar, and his ruling applies also to a case where the majority are Israelites, but here we deal [with a case where the money was] concealed. 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'? — As R. papa explained: [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.
Sefaria
Bava Metzia 26a · Bava Metzia 25b · Sukkah 44b · Nazir 30b · Shabbat 136a · Yevamot 108a
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