Wednesday, 19 October 2016

Bava Metziah 23: Announcing and Claiming Found Items

Today's daf focuses on the bundles of produce that might be found in cities or in secluded places.  When do people have to announce the small bundles of grain that they find?  If there is a distinguishing mark on the bundle, of course, it is identifiable, and should be announced.  But what if that mark has been trampled upon?  What if the bundle is too large to be trampled?  What if the identifying mark is still visible though the bundle has been trampled?  If small bundles are moved around frequently, how might that affect one's responsibility when finding that bundle?

Loaves of bread from a bakery will not be marked and thus if found, they need not be returned.  Homemade loaves do have these markings, interestingly, and so finding these loaves must be announced.  We also learn that food is not to be left on the ground, that money within a lost loaf is not considered to be a distinguishing mark, and that people need to know about a mark for it to be valid.  

The Gemara goes on to describe halachot regarding strings of fish, pieces of metal, identified lost items, identifiable meat or fish, unsealed barrels of oil or other liquids, mouldy items, and new utensils.   Without detailing each decisions, we notice a pattern: found items that could reasonably thought to belong to someone else must be announced.  When an item can be identified by its original owner - when usual circumstances would dictate that an item belongs to someone - the item can be claimed 

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