meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Commentary/Bartenura/Seder Nezikin/Bartenura on Mishnah Bava Metzia/English/Sefaria Community Translation.txt"}
text: Bartenura on Mishnah Bava Metzia
  ברטנורא על משנה בבא מציעא
  Sefaria Community Translation
  
  
  Bartenura on Mishnah Bava Metzia
  
  
  
  
  
  
  
  
  
  
  
  Mishnah 1
  
  These are the findings. He [the finder] found scattered fruit. The unspecified case is that the owner had despair, and they are [now] ownerless. 
  Scattered Money. Since they don't have a noticeable marking, he [the owner] surely already had despair, and they are [now] ownerless. This is the reason for all of them.
  Sheaves. Small sheaves.
  In the public domain. Everybody threshes on them, and even if they [the sheaves] had a marker, it [the marker] was lost.
  Belonging to a baker. They don't have a marker, since all of them [baker's bread] are the same. However, home-baked bread has a marker.
  Brought from the country. [This is] to exclude those brought from a professional, as the next mishnah teaches.
  Purple wool. Wool that was died purple, and it was combed to look like a tongue.
  He found a cake. Of figs.
  Merchandise. New items that aren't familiar looking, and the owner hasn't gotten used to how they look. This is because sometimes lost items are returned just from recognizing them, for example to a scholar who doesn't lie. These items that are known that their owner's haven't gotten used to how they look aren't obligated to be announced. The halacha is like Rabbi Shimon son of Elazar. When [is this true]? When you find them one by one. However, if you find them two by two, you are obligated to announce, since their number is a marker. Someone who finds something in the street, or a large plaza in a city that has a non-Jewish majority, even if it [the item] has a marker, there is no obligation to announce. [However], in a city with a Jewish majority, there is an obligation to announce.
  
  Mishnah 2
  
  In a vessel. A vessel has a marker.
  As it is. Empty.
  Heaps of fruit. Their marker is either their number or location.
  Three coins stacked one on top of another. Or more. The announcer announces "I found coins", and he [the one who lost it] comes and says "Such and such [were their number] and they were placed on top of another".
  
  Mishnah 3
  
  Behind a ledge. A closed wall of wood or reeds.
  Fence. of stones.
  Tied-together fledglings. in their wings. [They were tied] in a way that everyone does, and a knot like this isn't a marker.
  Don't touch them. Since we say a person hid them, and if he takes them the owner doesn't have a marker. Therefore he [the finder] should leave them until their owner will come and take them.
  Covered don't touch it. Since this isn't a lost item that includes the transgression "You are not allowed to hide yourself [from it]", since it is in a guarded spot.
  He found it in a stone-pile or an old wall these belong to him. Since he [the finder] can say to the owner [of the pile or wall] this [found item] belonged to the Amorites that our ancestors inherited. This is only if the item is very rusty, that it is noticeable that it has been hidden for a very long time.
  From the middle to the outside. In one of the holes adjacent to the public domain. If he found it from half the thickness of the wall to the outside, it is his, since we say one of the passerbys placed it there and forgot. The rust on it proves it has been there a long time, and the owner has surely despaired. This rule is specifically with gold or silver pieces and the like. However, if it was a vessel with money in it, if the vessel's mouth faces outside it belongs to him [the finder]. If the vessel's mouth faces inward, it belongs to the owner [of the wall].
  Even inside the house it belongs to him. Since we don't know who they belong to, and the owner had despair.
  
  Mishnah 4
  
  If he found them in a store they're his. This is referring to something without a marker. The owner who dropped it has had despair, since everyone enters there [the store].
  Between the counter. that the shopkeeper sits in front of, which he always takes from and places on to sell [things], and the money that he is given he places in it, and nothing ever falls except from the shopkeepers hand.
  In front of of the money-changer, these belong to him [the finder]. Since we say that they fell from those who brought money to exchange. The table interrupts between the money-changer and the money that was found, and if they fell from the money-changer they should have found them between themselves and the seat the table is placed on.
  Someone who purchases fruits from their friend etc. For example their friend is a merchant who purchased this produce or these fruits from many people, and he doesn't know who these belonged to, and since they don't have a marker the owner has despair. However, if the one who is selling the fruits took them himself from his land, then the money is definitely his, and there is a obligation to return them.
  If they were tired. Their knot or their number is a marker.
  
  Mishnah 5
  
  In the general rule of all of these. In the general category of "All the lost items of your brother".
  Why was it specified. "And thus shall you do to his garment".
  Just as a garment is special. An unspecified garment has a marker, and all garments have an owner that is claiming it, since it was made by someone and didn't come from nowhere.
  So too anything that has claimants. This is to exclude something that was despaired upon. And despair is when you hear him say "Woe to my loss of purse".
  
  Mishnah 6
  
  His neighbours. The neighbours of the place where the item was found, lest it belongs to one of them.
  In order that each one will go their home in three days. from when he hears the announcement and knows if he lost anything, and if he sees he lost it he'll return [there] in three [days] and announce for one day "I lost it and these are its markers", and the halacha is like Rabbi Yehudah. Since the Temple was destroyed, they [the sages] enacted that announcements should be made in the synagogues and study halls. And since the aggressors increased, those that say "Lost items go to the King", they [the sages] enacted that he [the finder] should inform his neighbours and those he knows and that's sufficient.
  
  Mishnah 7
  
  Anything which does work and eats. If the lost item is something that you can feed with the produce of its work, for example an ox or a donkey.
  One may use it [to do work] and feed it. Don't sell the found item, since all people are pleased with their animal which recognizes them already, and has trained it to their liking. [However] you are not obligated to take care of it forever, rather a chicken and a large animal you take care for 12 months. Calves and baby horses for pasture, meaning that they aren't grown to fatten them up, and similarly kids and sheep, you take care of them for 3 months. Calves for fattening you take care of for 30 days. Geese and roosters, small ones you take care of for 30 days and big ones (which eat a lot) you take care of for 3 days. After this time you take them for yourself and assess their value, or you sell them to others and hide the money.
  Therefore if they [the money] were lost he is responsible. Since the Rabbis permitted him to use them [the money], even though he didn't use them, he is considered as if he used them, and he is responsible. The halacha is like Rabbi Tarfon regarding the value of a lost item which was sold. However, money itself that was lost, for example he found money in a purse or three coins that were on top of another, he is not to use them at all.
  
  Mishnah 8
  
  Once in 30 days. Since they get moldy if you delay opening them. All of their books were made like a scroll.
  Roll. From their beginning to their end to allow air to enter.
  For the first time. What he has never learnt. This is because he would require leaving it [open] in front of him for longer.
  And another should not read with him. Since this one pulls towards himself and this one pulls towards himself and it will break.
  Spread it out for its sake. To allow it to air out so moths won't destroy it.
  For their sake. This is because they get moldy in the ground. You need to put them in the ground since this is how they are guarded. Therefore they should be used occasionally.
  But don't wear them out. Don't use them for a long time until they wear out.
  Don't touch them. Gold doesn't get moldy in the ground. Similarly glass. Further it [glass] is easy to break.
  Which is undignified to pick up. Something that is degrading to him. The Torah said "And you hid yourself from them", [implication is] that sometimes you can hide, for example an elder and it's beneath his dignity.
  
  Mishnah 9
  
  What is considered a lost item. That it is apparent that the owner isn't aware that the item is there.
  This is not a lost item. You are not obligated to return it, since it was intentionally placed there.
  Running between the vineyards. It's legs are being destructive.
  You shall surely return them. The torah included [in this statement] many returnings.
  Don't say to him [the owner] give me a sela. Since this one [the owner] says to him [the finder] "If you had done your normal work, you would have been very burdened, now [that you instead took care of this item] take according to what you actually were burdened."
  Like an idle laborer. How much a person would be willing to reduce his wage to avoid this difficult work that he is doing and do this light work [taking care of the item].
  If there is a court there. If he doesn't want to be idle from his work. Since his wages are high, what can he do? If there are three men there, he stipulates in front of them and says "See that I am paid such and such. It is not possible [for me] to be idle and take a small wage, if you will tell me that I will take and be paid my [normal] wages. I will then take care of this lost item."
  His own takes precedence. And he leaves the lost item.
  
  Mishnah 10
  
  He found it in a stable. Even though it [the animal] isn't secured in it, for example [the stable] isn't locked.
  If it was in a cemetary. And he [the finder] is a Kohen. He shouldn't become impure [to retrieve it]. This is because returning a lost object is a positive commandment, "You shall surely return it to your brother". [However,] with impurity for a Kohen, it is the positive commandment of (Leviticus 21:6) "They shall be holy", and the negative commandment of (Leviticus 21:1) "They shall not become impure for a soul of their nation". And a positive commandment does not push aside a positive commandment plus a negative commandment.
  Or he says to him don't return it. And the lost item is in a place that it is a mitzvah to [retrieve and] return. He [the finder] should not listen to him [his father]. As it is written (Leviticus 19:3) "A man should fear their mother and father, and my Sabbaths he should guard", [this teaches us] that if your father tells you go and break the Shabbat, don't listen to him. Similarly with all other commandments.
  He went and sat down. The owner of the donkey.
  It's a commandment from the Torah to unload. for free.
  But don't load. for free; rather for pay.
  Rabbi Shimon says even load. for free. The halacha is not like Rabbi Shimon.
  Rabbi Yossi HaGlili says etc. The halacha is not like Rabbi Yossi.
  
  Mishnah 11
  
  His lost item comes first. Since the verse says (Deuteronomy 15:4) "There will be no destitute amongst you", [this indicates] you should be cautious that you don't become destitute.
  His Rabbi's comes first. This is referring to his main Rabbi, who he learnt most of his wisdom from. So too all the times in the Mishnah it mentions "His Rabbi" coming before his father, this is only referring to his main Rabbi.