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1) WHY THE ENACTMENT WAS MADE (cont.)

(a) Question (Mishnah): If he found a Tachrich or Agudah of documents, he returns them.

1. The borrower does not want the lender to receive the documents through a Siman!

(b) Retraction (Rava): Rather, Simanim are mid'Oraisa.

1. (Beraisa) Question: "It will be with you until your brother Derosh (demands) it" - might one have thought to return it before this?!
2. Rather, this teaches that you must Doresh (investigate) if he is lying, by asking him to give a Siman.

(a) (Rava): If you will say that Simanim are mid'Oraisa...

1. (Interruption - Question): But Rava just proved that Simanim are mid'Oraisa!
2. Answer: One could reject the proof as above - you require him to bring witnesses testifying that it is his.

(b) (Continuation - Rava): If Simanim are mid'Oraisa - if Reuven and Shimon each give Simanim of a lost object, we leave it until Eliyahu comes;

1. If Reuven gives Simanim and witnesses say that it is Shimon's, Shimon gets it;
2. If Reuven and Shimon each give Simanim, and 1 witness supports Shimon - the witness does nothing, we leave;
3. If 2 witnesses say that Reuven wove a garment, and 2 witnesses say that it fell from Shimon - we assume that Shimon bought it, he gets it;
4. If Reuven knows the length and Shimon knows the width, Reuven gets it, for one can estimate its width when he sees another wear it, but not its length;
5. If Reuven knows the length and width, and Shimon knows the sum of its length and width, Reuven gets it;
6. If Reuven knows the length and width, and Shimon knows the weight, Shimon gets it;
7. If Reuven and his wife both give Simanim on a Get (for her) - she gets it (he surely knows, she would only know if she received it).
8. Question: What Simanim did she give?

i. If the length and width - perhaps she saw it in his hands!

9. Answer: Rather, there is a hole by a particular letter.
10. If Reuven and his wife both give Simanim on the string holding the Get - she gets it.
11. Question: What Simanim did she give?

i. If the color - perhaps she saw it in his hands!
ii. Answer: Rather, the length.

12. If Reuven and his wife both say that the Get was in a pouch - he gets it.
13. Question: Why is this?
14. Answer: She knows that he puts all his matters in his pouch.

(a) (Mishnah - R. Meir): One must announce until the neighbors hear;
(b) R. Yehudah says, he must announce for three festivals, and seven days after the last festival;

1. The seven days allow someone to return home in 3 days, check if he lost this, return in 3 days and claim the object on the seventh day.

(c) (Gemara - Beraisa): Neighbors of the lost object (must hear).
(d) Question: What does this mean?

1. If it means neighbors of the owner - if the finder knows the owner, he should give it to him!

(e) Answer: Rather, neighbors of the place where he found it.
(f) (Mishnah): R. Yehudah says...(three days to return home...)
(g) Contradiction (Mishnah): We start requesting rain (in prayer) on the third of Cheshvan;

1. R. Gamliel says, on the seventh - we do not want rain while people are returning home (from Yerushalayim) after the end of Sukos; by 15 days, the last travelers have reached the Peras River (the end of Eretz Yisrael).

(h) Answer #1 (Rav Yosef): Fifteen days were allotted during the first Mikdash, for there were more people - "Yehudah and Yisrael were numerous k'Chol Asher Al ha'Yam";

1. Three days were enough during the second Mikdash, for there were few people - "The whole congregation, 44,360".

(i) Objection (and Answer #2 - Abaye): Just the contrary! "v'Chol Yisrael b'Areihem" - they occupied the same cities;

1. In the first Mikdash, there were more people, they could travel day and night in caravans - three days sufficed;
2. In the second Mikdash, caravans were harder to find, 15 days were needed.

(j) Answer #3 (Rava): In each Mikdash, the last people needed 15 days;

1. Chachamim did not burden finders to wait more than 7 days.

(k) Inference (Ravina): This teaches that the finder would announce the object he found, e.g. 'a cloak';

1. If he would merely announce 'a lost object', another day would be needed for the (possible) losers to check if they lost anything.

(l) Rejection (Rava): We can say, he would merely announce 'a lost object'; Chachamim did not burden finders to wait another day.
(m) (Beraisa): On the first festival, he announces 'This is the first festival (of announcement)'; on the second he says 'second festival'; on the third, he does not mention which festival it is (so people will understand, this is the last festival).
(n) Question: He should explicitly say 'third festival' (people know the law)!
(o) Answer: People may mistakenly think he said 'second'.
(p) Question: Also by the second, they may think he said 'first'!

(q) Answer: In any case, he will come the next festival and hear the announcement (and know that this is the last time).

(a) (Beraisa): At first, the finder would announce for three festivals, and seven days after the last festival;

1. A person could go home and return in 6 days, and claim his object on the seventh day.
2. After the Churban, it was enacted to announce in synagogues and Batei Medrash;
3. After Anasim increased, it was enacted to inform (the finder's) neighbors and acquaintances, and this suffices.

(b) Question: What are the Anasim?
(c) Answer: People that say that lost objects belong to the king.
(d) R. Ami found a vessel of gold coins. A man noticed that R. Ami was very nervous. He comforted him - 'I am not a Persian - they say that lost objects belong to the king.'
(e) (Beraisa): There was a 'rock of claiming' in Yerushalayim where finders would announce and losers would give Simanim.

(a) (Mishnah): If the loser said what he lost but did not give a sign, he does not get it;

1. A swindler, even if he gives a sign, we do not return it to him - "Until your brother Derosh (demands) it" - you must Doresh (investigate) if he is a swindler or not.

(b) (Gemara - Rav Yehudah): The finder announces only 'I found a lost object'.
(c) (Rav Nachman): He announces what was found, e.g. a cloak.
(d) (Rav Yehudah): If he announces what he found, we must be concerned for swindlers!
(e) (Rav Nachman): We are not concerned for swindlers - if we would be, even announcing 'lost object' we should be concerned that he will guess what it is!
(f) Question (against Rav Nachman - Mishnah): If the loser said what he lost but did not give a sign, he does not get it.

1. If he only announces 'a lost object', this is a Chidush - even though the loser knew what was lost, he does not get it.
2. But if he announces what was lost - the loser said nothing more than he heard, obviously, he does not get it!

(g) Answer (Rav Safra): He did not say good Simanim, but he said poor Simanim.
(h) (Beraisa): At first, the loser would give the Simanim and receive the object; after swindlers increased, it was enacted that he must bring witnesses that he is not a swindler.

1. Rav Papa's father lost a donkey. It was found; Rabah bar Rav Huna asked him to bring witnesses that he is not a swindler.
2. Rabah bar Rav Huna: Do you know that he is a swindler?
3. The witnesses: Yes.
4. Rav Papa's father: You say that I am a swindler?!
5. The witnesses: We meant, we know you are not a swindler!
6. Rabah bar Rav Huna: Presumably, the witnesses meant that from the beginning - a person does not bring witnesses that will incriminate him.

(a) (Mishnah): One who finds something that works and eats (no more than the value of its labor, e.g. an ox), the finder should use it and feed it;

1. Something which eats and does not work - it should be sold - "v'Hashevoso Lo", be careful to return it properly (do not keep the animal, deducting what it eats until the loser claims it).
2. R. Tarfon says, the finder may use the money from the sale (until the loser claims it) - therefore, if it is lost, he is liable;
3. R. Akiva says, the finder may not use the money - therefore, if it is lost, he is exempt.

(b) (Gemara) Question: (By something that works and eats) - must the finder guard it forever?!
(c) Answer (Rav Nachman): He only guards it for 12 months.
(d) Support (Beraisa): Something that works and eats, such as a cow or donkey, the finder keeps it for 12 months; after that, he sells it and guards the money;

1. Something that eats and does not work, such as calves and young donkeys, the finder keeps it for 3 months; after that, he sells it and guards the money;
2. By geese and (male) chickens, the finder keeps it for 30 days; after that, he sells it and guards the money.

(e) (Rav Nachman bar Yitzchak): A hen (because it gives eggs) is like a work animal (he guards it for 12 months).
(f) Support (Beraisa): A hen or work animal, the finder keeps it for 12 months; after that, he sells it and guards the money;

1. Calves and young donkeys, the finder keeps it for 30 days; after that, he sells it and guards the money;
2. Geese and male chickens, and anything expensive to care for, the finder keeps it for three days; after that, he sells it and guards the money.

(g) Contradiction: The Beraisos argue regarding calves and young donkeys, geese and male chickens!
(h) Answer: Regarding calves and young donkeys - in a time and place where they can eat grass in the pasture, one keeps them for three months; if one must feed them, he keeps them 30 days;

1. Version #1 (Rashi): By big geese and male chickens (which eat a lot), he keeps them three days; by small ones, 30 days.
2. Version #2 (Rambam): By big geese and male chickens (which can find their own food), he keeps them 30 days; by small ones, three days.

(i) (Beraisa): "v'Hashevoso Lo" - be careful how you return it - do not let calves, young donkeys, geese and male chickens consume their value.