The rabbis discuss how to determine who can claim a found roll or bundle of documents and who can claim a garment. Is it enough to name a distinguishing mark? What if there are two claimants who each name a different, accurate distinguishing mark? What if one of those marks is more significant than the other? What if one claimant arrives with one witness? With two witnesses? Is it enough to identify the string that binds the documents? When would the woman have seen the size or string or other distinguishing features of her get? Similarly, is it enough to state the size of a garment in length or in width or the gamma (lxw) of the garment? What if a witness states that the garment was made for that person? Must the witness have seen the garment fall from its owner? The rabbis consider a number of permutations depending on whether those in question believe that distinguishing marks are Torah law or rabbinic in origin.
A new Mishna begins a discussion about the proclamation of a found item. Rabbi Meir states that one must proclaim the item until his/her neighbours know that it has been found. Rabbi Yehuda disagrees. He says that items should be proclaimed at the pilgrimage Festivals and seven days following the third Festival. This is because it would take someone three days to travel home from Jerusalem and realize his/her item was lost. It would then take three days to return home. One further day would be devoted to proclaiming the lost item.
We learn that the rabbis determined (Ta'anit 10a) that it takes three days to travel to Jerusalem now but it took up to fifteen days in the time of the First Temple, when many Jews congregated in towns surrounding Jerusalem. The rabbis use the example of a lost cloak to help them debate the tasks required and distances travelled.
Similarly, one who found an item was expected to proclaim his/her find at the three Festivals. The rabbis decided that one need only proclaim his/her find in the synagogues and study halls. It seems that the rabbis were satisfied with the idea of telling one's neighbours about one's find. This suggests to me that the rabbis understood that work would travel quickly and a claimant would learn about the item s/he found.
We are told about something called Even Toan, the Claimant's Stone, located somewhere outside of Jerusalem. People would go to the Even Toan with their found items and people who lost items would describe their distinguishing marks. It is unclear how long this stone lasted in ancient Israel.
We are introduced to two more Mishnayot before our daf ends. The first teaches that we do not give a claimant a found item unless s/he can describe distinguishing marks. As well, we cannot give a claimant a found item when they describe the distinguishing mark until we scrutinize that person to ensure s/he is not a swindler. These instructions are based on Deuteronomy (22:2). It seems that the rabbis were protecting against the many swindlers who were claiming property as their own at a certain time in history. We are told the story of Rav Pappa's father, who came to Rabba bar Rav Huna to claim his lost donkey. He was sent to get witnesses to his character to ensure that he wasn't a swinger. Because of the phrasing of the question, the witnesses said that RavPappa was in fact a swindler! Because this testimony was based on a misunderstanding, the court allowed Rav Pappa's father to claim his donkey anyway.
Our final Mishna teaches us about how to deal with found animals. Any being that works and covers the cost of its feed can be kept. Any animal that does not work to cover its field must be sold with the earnings put aside for the original owner. Rabbi Tarfon and Rabbi Akiva disagree about whether the money can be used and whether the finder must pay restitution for that money.
The Gemara considers different types of animals: whether they work enough to pay for their keep and whether they are sold. Animals are often kept for twelve months if they can cover the cost of their feed. Chickens are considered to be like large domesticated animals which are kept for twelve months. This is because their eggs pay for their keep. Geese and roosters are examples of animals that are kept only three days before being sold, for they cost more than they can earn toward their keep. Calves and foal are kept only thirty days.
When animals are sold, the money earned through their sale is put aside for the owner should s/he claim that money over the course of the next three Festivals. Rabbi Akiva and Rabbi Tarfon disagree about how that money may be used.
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