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1) WHEN A CHACHAM MAY LIE

(a) (Rav Yehudah): Chachamim may lie to cover up three things: what they know (they can deny knowing a tractate on account of modesty), when they had relations, and good treatment they received from their host (in order that unfitting people will not flock to their host).
(b) Question: What is the significance of this teaching?
(c) Answer (Mar Zutra): One who only lies about these 3 things is considered a Chacham, that we return a lost object to him if he recognizes it.
(d) A silver cup was stolen from Mar Zutra Chasida's host. He noticed a Talmid drying his hands on someone else's garment. He reasoned - if he does not mind using another's property, he is the thief. He confronted him; the Talmid confessed.

(a) (Beraisa): R. Shimon ben Elazar agrees by new vessels that a person recognizes, that he must announce them.

1. The following vessels, when new, are not recognized: Badei (sticks from which stick out) needles or hooks, or a string of forks (for weaving gold).
2. These are only permitted when one is found - if two are found, he must announce them.

i. 'Badei' means branches, as a Mishnah teaches (The minimum requirement for willow branches is) one leaf on each branch.

(b) (Beraisa - R. Shimon ben Elazar): One may keep the following: what he saves from a lion, bear, leopard, polecat, what he finds deposited by the high tide, at the bottom of the river, in a big encampment or thoroughfare, or any place where many people pass;

1. This is because the owner despairs.

(c) Question: Did R. Shimon ben Elazar say this only in a city that is mostly Nochrim, or even in a city that is mostly Yisrael?

1. Question: If you will say even in a city that is mostly Yisrael - do Chachamim argue on him?
2. Question: If you will say that Chachamim argue - is that only in a city that is mostly Yisrael - or even in a city that is mostly Nochrim?
3. Question: If you will say that Chachamim argue even in a city that is mostly Nochrim -does the Halachah follow R. Shimon?
4. Question: If you will say that the Halachah follows R. Shimon - is that only in a city that is mostly Nochrim, or even in a city that is mostly Yisrael?

(d) Answer #1 (Beraisa): One who finds coins in a Beis Keneses, Beis Medrash or any place where many people go, he may keep them, because the owner despairs.

1. The Tana must be R. Shimon ben Elazar, who is concerned for places where many pass - and he permits even in a Beis Keneses, where mostly Yisraelim go!
2. Rejection #1: The case is, the coins are scattered (even Chachamim in our Mishnah permit this).
3. Objection: But the Tana only permits in a place where many people go!
4. Rejection #2: Really, the coins are wrapped together; the Beraisa refers to a Beis Keneses (meeting place) of Nochrim.

i. Question: The Beraisa also permits in a Beis Medrash - how can we answer that?
ii. Answer: It is a Beis Medrash of Yisraelim, inhabited by Nochrim (guarding it).

5. Rejection #3: Also by a Beis Keneses, we can say it is of Yisraelim, but is inhabited by Nochrim.

(e) Answer #2 (Mishnah): One who found a lost object in a city with Yisraelim and Nochrim - if the majority are Yisrael, he must announce it; if the majority are Nochrim, he need not announce,

1. The Tana must be R. Shimon, who is concerned for places where many pass - and he only permits when the majority are Nochrim!

(f) Rejection: No, the Tana holds as Chachamim.
(g) Answer #3: We may conclude that Chachamim admit to R. Shimon ben Elazar when the majority are Nochrim!
(h) Rejection #1: Really, the Tana is R. Shimon, and he permits even in a city that is mostly Yisrael;

1. In the Mishnah, the lost object was covered.
2. Question: If so, he should not touch it!

i. (Mishnah): One who finds a vessel in a wasteheap - if covered, he should not touch it; if exposed, he takes it and announces.

3. Answer (as Rav Papa said elsewhere): It is a wasteheap that the owner usually does not clear out for a while, and he decided to clear it out (therefore, even though it is covered, he takes it).

(i) Rejection #2: Really, the Tana of the Mishnah holds as Chachamim; they did not say that when the majority is Nochrim it become his, just that he need not announce it;

1. If a Yisrael will give a Siman , he must return it to the Yisrael.

(j) Answer #3 (Rav Asi): One who finds a barrel of wine in a city that is mostly Nochrim - he may keep it (regarding laws of found objects), but it is forbidden to benefit from it (for it is likely to be the wine of the Nochrim);

1. If a Yisrael gives a Siman , the finder (keeps it and) may drink it.
2. This is as R. Shimon - he only permits when the majority are Nochrim!

(k) Rejection: Really, R. Shimon permits even when the majority are Yisraelim; Rav Asi only holds as R. Shimon when the majority are Nochrim.
(l) Question: Since it is forbidden to benefit from - why bother saying that he may keep it (regarding laws of found objects)?
(m) Answer (Rav Ashi): He may use the vessel it was in. (n) A man found four Zuz wrapped in a sheet and thrown in the river Biran. Rav Yehudah ruled that he must announce it.
(o) Question: But this is as something deposited by the high tide (surely, the owner despaired)!
(p) Answer: The river Biran is different - since they dam it up, the owner would not despair.
(q) Inference: The majority of people there are Nochrim - we conclude that the Halachah does not follow R. Shimon, even by a majority of Nochrim!
(r) Rejection: Most of the people that dam up the river are Yisraelim, therefore he does not despair.

(a) Question (Rav Yehudah): One who finds a wallet in the market of shredded wheat - what is the law?
(b) Answer (Shmuel): He may keep it.
(c) Question (Rav Yehudah): What if a Yisrael came and gave Siman?
(d) Answer (Shmuel): He must return it.
(e) Question: That contradicts the previous answer!
(f) Answer: He should go beyond the letter of the law and return it.

1. Shmuel's father found donkeys in the wilderness; he returned them to the owner after 12 months - this was beyond the letter of the law.

(g) Question (Rava): One who finds a wallet in the market of shoemakers (some say, Chachamim)- what is the law?
(h) Answer (Rav Nachman): He may keep it.
(i) Question (Rava): What if a Yisrael came and gave Siman s?
(j) Answer (Rav Nachman): The finder keeps it.
(k) Question: But the loser is screaming that it is his!
(l) Answer: He is as someone screaming over his house that burned or his ship that sank.
(m) A vulture took meat from the market and deposited it among bar Meryon's date trees. Abaye ruled that he keeps it.
(n) Inference: The majority of people in the area are Yisraelim - we conclude that the Halachah follows R. Shimon, even when the majority are Yisrael!
(o) Rejection: No, something taken by a vulture is as something deposited by the sea.
(p) Question: But Rav said that meat that is not constantly watched is forbidden!
(q) Answer: The case is, he was watching from when the meat was taken.
(r) R. Chanina found a slaughtered kid between Tiverya and Tzipori.

1. He was permitted to keep it - this ruling was like R. Shimon;
2. The slaughter was assumed to be Kosher - this ruling was like R. Chananya, son of R. Yosi ha'Galili.

i. (Beraisa - R. Yehudah): A man lost his kids and chickens, and found them slaughtered - they are forbidden;
ii. R. Chananyah permits them.
iii. Rebbi says, if they were found in the wasteheap, the Halachah follows R. Yehudah; if they were found in the house, the Halachah follows R. Chananyah.

3. Since the slaughter was permitted - it must be that the city is mostly Yisrael, and R. Shimon permits even in this case!
4. Rejection (Rava): No - the city was mostly Nochrim, the slaughter was permitted because most of the slaughterers were Yisrael.

(s) R. Ami found slaughtered chicks between Tiverya and Tzipori, and R. Yitzchak Nafcha found threads for twining ropes; they were permitted to keep them.