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Laws of Lost Objects
Tort Law
Sources
A
Rather, Rava said:
Identification of an item on the basis of
distinguishing marks
is
by Torah law, as it is written:
“And if your brother be not near you, and you know him not, then you shall bring it into your house,
and it shall be with you until your brother claims [
derosh
] it,
and you shall return it to him” (Deuteronomy 22:2).
Would it enter your mind that he would give
the lost item
to him before he claims it?
How can the finder return it if he does not know the identity of the owner?
Rather…
Bava Metzia 28a:2-12
And if you wish, say
instead that
actually
the mishna is in accordance with the opinion of
the Rabbis. Is it taught
in the mishna that the items
are his? It is taught
that
he is not obligated to proclaim
his find. He may not keep them,
but he shall place
the items in his possession
and a Jew will come and provide a distinguishing mark
to describe the items
and take
them.
Come
and
hear
a proof from that
which Rav Asi says:
If
one found a barrel of wine in a city whose
population has
a majority of gentiles…
Bava Metzia 24b:1-26a:5
And Rav Shemaya bar Ze’eira says
in explanation of the mishna:
What is the reason
that during the rest of the year the money is considered non-sacred, even on the day after the Festival?
Since the markets of Jerusalem tend to be cleaned every day,
any money left there would already have been found by the street cleaners. Consequently, any money found there must have been left there recently.
Apparently, we say
that
each of the first
coins
is gone, and these
coins
are other
ones, i.e., they were left there after the conclusion of the Festival…
Bava Metzia 26a:9-27a:23
MISHNA:
If
one found
an animal
in a stable
belonging to its owner, he is
not obligated
to return
it
to its owner. If he found it
in a public area,
he is
obligated
to return
it. And if
the animal
was
lost
in a graveyard
and a priest found it,
he may not become impure to
return
it. If his father said to him: Become impure; or
in a case
where
one was obligated to return the animal and his father
said to him: Do not return
it,
he may not listen to
his father…
Bava Metzia 32a:5
And
it was further instituted that
one who finds a lost item
and returns it to its rightful owner is
not
required to
take an oath
that he did not keep any part of the lost item for himself. This ordinance was also instituted
for the betterment of the world.
Gittin 48b:11
§ Apropos the episode involving Rav Safra, the Gemara discusses the division of expenses among travelers in a caravan.
The Sages taught
in a
baraita
: In the case of
a caravan that was traveling in the desert and a troop
of bandits
stood over it
in order
to
attack and
pillage
it, and the members of the caravan agreed to pay ransom to the bandits, they
calculate
each traveler’s contribution
according to
the amount of
money
he is carrying,
and
they
do not calculate according to
the number of
souls
in the caravan…
Bava Kamma 116b:3-15
It is a positive commandment to return an object lost by a fellow Jew, as Deuteronomy 22:1 states: "And you shall certainly return it."
A person who sees an object lost by a fellow Jew and ignores it, leaving it in its place, transgresses a negative commandment, as it states
Ibid.
:4: "Do not see your brother's ox... and ignore it." He also negates the fulfillment of a positive commandment. If he returns the object, he fulfills the positive commandment. If a person takes a lost object and does not return it…
Mishneh Torah, Robbery and Lost Property 11-18
Rav Aḥa asked: If the
presumptive status
of the trees was
previously
established as belonging to orphans,
what
is the
halakha
? If the trees are surrounded by
fences
that prevent repugnant creatures and creeping animals from gaining access,
what
is the
halakha
? Rav Ashi
said to him:
The dates
are forbidden
in those cases. § The mishna teaches that if one found
bundles
of grain
in a public area, these
belong
to him. Rabba says
with regard to this ruling:
And
this is the
halakha
even with regard to…
Bava Metzia 22b:10-24a:17
MISHNA:
Which is
the item that is considered
lost property?
If
one found a donkey or a cow grazing on the path, that is not lost property,
as presumably the owners are nearby and are aware of the animals’ whereabouts. If one found
a donkey with its accoutrements overturned, or a cow
that
ran through the vineyards, that is lost property.
In a case where
one returned
the lost animal
and it fled,
and he again
returned it and it fled, even
if this scenario repeats itself
four or five times…
Bava Metzia 30b:15-31a:14
Ravina says: Learn from
the calculation of Rabbi Yehuda in the mishna that
when
a finder
proclaims
his find he specifies the nature of the item, e.g.,
he proclaims
that he found
a cloak. As, if it enters your mind
that the finder
proclaims
that he found
a lost item
without specifying its nature,
we need to increase
the period of time afforded the owner to ascertain that he lost an item, and add
one day
for him
to examine
all
his vessels. Rather, learn from it
that the finder
proclaims
that he found
a cloak…
Bava Metzia 28a:21-29b:9
It
was also stated
that
Rabbi Ḥelbo says
that
Rav Huna says:
With regard to holding the
reins
of an animal in order to acquire it, if he is attempting to acquire it
from another
person, he
acquires
the animal. But
with regard to
acquisition of
a found
animal,
or with regard to
acquisition of an animal that was
the property of a convert
who died without heirs, leaving his property ownerless, it
does not effect acquisition.
…
Bava Metzia 8b:9-9a:15
The
baraita
answers: If the one who found the item was
a priest, and
the lost item
is in the cemetery,
where priests are prohibited from entering; or if he was
an elderly person and it is not
in keeping
with his dignity
to tend to a lost item of that kind;
or
if
his work,
which he would need to suspend in order to tend to and return the item,
is
of
greater
value
than
the lost item
of the other,
one might think that he must nonetheless return it…
Sanhedrin 18b:6
MISHNA:
If one finds
his lost item and his father’s lost item,
tending to
his
own
lost item takes precedence.
Similarly, if one finds
his lost item and his teacher’s lost item,
tending to
his
own lost item
takes precedence.
If one finds
his father’s lost item and his teacher’s lost item,
tending to
his teacher’s
lost item
takes precedence, as his father brought him into this world, and his teacher, who taught him
the
wisdom
of Torah,
brings him to life in the World-to-Come…
Bava Metzia 33a:7-8
The Gemara cites another statement related to stealing from a gentile.
Rav Beivai bar Giddel says
that
Rabbi Shimon Ḥasida says:
It is
prohibited
to
rob a gentile,
but it is
permitted
to retain
his lost item,
i.e., one is not required to return it to him. The Gemara examines the basis for each of these rulings: It is
prohibited
to
rob a gentile, as Rav Huna says: From where
is it derived
that
it is
prohibited
to
rob a gentile?
It is derived from a verse…
Bava Kamma 113b:7-11
MISHNA:
In a case where one discovers lost items,
which found items
belong
to him, and
for
which
items is
one obligated to proclaim
his find so that the owner of the lost items can come and reclaim them?
These found items
belong
to him:
If one
found scattered produce, scattered coins, bundles
of grain
in a public area, round cakes
of pressed
figs, baker’s loaves, strings of fish, cuts of meat,
unprocessed
wool fleeces that are taken from their state
of origin directly after shearing, bound
flax stalks…
Bava Metzia 21a:7-21b:4
§ The mishna teaches: If one found
silver vessels or copper vessels,
he
may use them
for their own sake; and the same
halakha
applies to other vessels.
The Sages taught
in a
baraita
:
One who finds wooden vessels uses them, so that they will not deteriorate
due to lack of use. If one found
copper vessels
he
uses them with hot
water,
but not
directly
on the fire, due to
the fact
that it erodes them.
If one found
silver vessels he uses them with cold
water,
but not with hot
water…
Bava Metzia 30a:12-13
§ The mishna teaches that
if
the owner of the wine
said to
the owner of the honey:
I will salvage your
honey and you will pay me the value of my wine, the owner of the honey is obligated to give him compensation for the wine. The Gemara asks:
Why
is the stipulation binding?
Let
the owner of the honey
say to him: I was
merely
fooling with you
when I accepted your condition, and I did not agree to it at all.
Isn’t it taught
in a
baraita
: In a case
where one was fleeing from prison and there was a ferry before him…
Bava Kamma 116a:3-12
The Gemara asks:
But wasn’t Rabbi Yishmael, son of Rabbi Yosei, an elderly person and it was not in keeping with his dignity
to tend to the item? Why did he purchase the wood and render it ownerless in order to absolve himself of the obligation to lift the burden if he had no obligation to do so in the first place? The Gemara answers: In the case of
Rabbi Yishmael, son of Rabbi Yosei, he conducted
himself
beyond the letter of the law,
and he could have simply refused the request for help.
Bava Metzia 30b:10
On a related note, the
tanna
adds that
there are five
halakhic situations involving
perutot
: The admission
to part of a claim must be that one owes at least
the value of one
peruta
, and a woman is betrothed with the value of one
peruta
. And one who derives benefit
of
the value of one
peruta
from consecrated
property has
misused
consecrated property and is liable to bring an offering,
and one who finds
an item that has
the value of one
peruta
is obligated to proclaim
that he found it…
Bava Metzia 55a:8
The Gemara asks:
What is different
about the case where the promissory note fell
into the possession of a judge,
such that the creditor cannot retrieve it to collect the debt?
Rava said this
is what the
baraita
is saying: But
in the case of
another
individual, who is neither the debtor nor the creditor,
who found
a promissory
note that had
already
fallen into the possession of a judge, it may never be removed
from his possession until proof is provided…
Bava Metzia 7b:1-4
Related
ראו גם
Lost Property
Returning a Lost Object
Found Objects
Visual Identification
Sheets
דפי מקורות
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