1)

(a)Rebbi Meir rules that someone who finds scattered fruit, scattered money or sheaves in the street - is permitted to keep them.

(b)The reason that governs all the cases in the Mishnah is - the fact that the owner has given up hope (Yi'ush [See Tos. Yom-Tov]), thereby rendering his lost article Hefker.

(c)What causes the owner to give up hope of retrieving his lost article - is the fact that it has no Si'man (mark of identification).

(d)The Tana is referring to - small sheaves ...

(e)... which the finder may keep them even if they have a Si'man - because lying in the street they get trampled on, and the Si'man becomes defaced (See also Tos. Yom-Tov DH 'bi'Reshus ha'Rabim).

2)

(a)The list continues with Igulei Deveilah - round cakes of pressed figs, bakers' loaves and strings of fish.

(b)Specifically 'bakers' loaves' - which are standard and which therefore are devoid of any Siman.

(c)The list ends with pieces of meat, shearings of wool which come straight from the 'Medinah' (where they have been shorn [See Tos. Yom-Tov]), tight bundles of flax and straps of purple wool, all of which - have no Si'man.

3)

(a)Rebbi Yehudah maintains that whatever has a Shinuy (something unusual about it) - one is obligated to announce.

(b)One of his two examples of this is a round cake of figs with a piece of clay inside it; the other is - a loaf of bread with money inside it.

(c)According to Rebbi Shimon ben Elazar, one is not obligated to announce 'K'lei Anpurya' - brand-new vessels that the owner did not have a chance to become acquainted with (See Tos. Yom-Tov) that one finds.

(d)Despite the fact that he is talking about vessels that do not have a Si'man, he nevertheless need to mention it - because even vessels that do not have a Si'man one is obligated to return to the owner, if he is a Talmid-Chacham, who is believed to be the owner on the basis of recognition alone (See Tiferes Yisrael).

(e)The Halachah is - like Rebbi Shimon ben Elazar.

4)

(a)One is Chayav to announce even K'lei Anpurya - if one finds two or more (See Tos. Yom-Tov).

(b)If one finds a lost article with a Si'man on a main thoroughfare, one is ...

1. ... Patur from announcing it - provided most of the town's residents are Nochrim, but ...

2. ... Chayav to announce it - if they are Yehudim.

5)

(a)The Mishnah obligates someone who finds fruit inside a vessel or just a vessel, money inside a purse or just a purse to announce it. The owner must identify them - by a Si'man on the vessel or the purse.

(b)The Tana issues the same ruling with regard to piles of either fruit or money, which the owner identifies - by specifying either the number or the location.

(c)One is obligated to announce coins that one finds - provided a. there are at least three and b. that they are lying one on top of the other (See Tos. Yom-Tov).

(d)The finder announces - that he found coins.

6)

(a)The next three items on the Tana's current list that one is Chayav to announce are sheaves - in a private domain (See Tos. Yom-Tov), loaves - of a private baker and shearings of wool - that come from the wool-manufacturer.

(b)The last two items on the list are jugs of wine - and jugs of oil (See Tos. Yom-Tov).

7)

(a)A Gapah is - a wall made of wooden posts or canes, a Geder - one made of stone.

(b)If one finds fledglings tied by their wings behind one of them or on a path in the field - one must leave them where they are (See Tos. Yom-Tov DH 'Achar ha'Gapah' & 'Gozlos Mekusharin ... ').

(c)The knot is not a Si'man - because it is standard.

8)

(a)If one finds a vessel in a trash-heap, the Mishnah rules that one must leave it where it is - provided one finds it covered.

(b)If it is not - one takes it and announces it.

(c)The Tana also discusses a Metzi'ah that one finds in a pile of rubble or in an old wall, which he permits one to keep - provided the pile and the wall are ancient ...

(d)... since one can then say to the owner of the pile or the wall that it is a relic from the times of the Emori'im who lived there before Yehoshua conquered the land (See Tos. Yom-Tov).

9)

(a)If one finds it in a new wall ...

1. ... may one keep it - provided it is lying in the outer half of the wall (that is closest to the street). Otherwise ...

2. ... he must leave it for the owner of the wall.

(b)This speaks specifically about a lump of gold or a piece of silver; but if he finds a vessel with money inside it - it depends which way the opening of the vessel is facing ... if it is facing the street, then he may keep it, whereas if it is facing the house, he must leave it (See Tos. Yom-Tov).

(c)The Mishnah permits the finder to keep a Metzi'ah that he finds even inside the house (See Tos. Yom-Tov) - if the owner rented out the house on a regular basis ...

(d)... because the finder cannot identify the loser, and in any case, the loser will have been Meya'esh (See Tos. Yom-Tov).

10)

(a)The Mishnah permits a finder to keep a Metzi'ah (without a Si'man) that he finds inside a store - because whoever lost it will have certainly been Meya'esh.

(b)If one finds it between the box/till that lies on the counter in front of the shopkeeper - then it belongs to the shopkeeper (since nobody else other than he places anything there).

(c)The equivalent Din if one finds money in a bank (as it existed in the time of the Mishnah) is that - whatever is in front of the banker one is permitted to keep (See Tos. Yom-Tov), whereas what one finds between the chair (that holds the table) and the banker, one must hand over to the banker.

11)

(a)If Reuven finds money among fruit that he purchased from Shimon, the Mishnah permits him to keep it - and the same will apply if he finds it among fruit that Shimon sent him.

(b)We do not simply assume that the money belongs to Shimon - because it speaks where Shimon, who is a merchant, purchased fruit or produce from a number of producers and who has no idea to which one of them the money belongs.

(c)Reuven is obligated to ...

1. ... return the money to Shimon - if he (Shimon) himself picked the entire batch that he sent to Reuven (See Tos. Yom-Tov).

2. ... take it and announce it - if it is wrapped ...

(d)... in which case the owner will be able to identify either the amount or the knot.

12)

(a)The Mishnah begins with the statement 'Also "Simlah" (a garment) is included' - in the Pasuk (in Ki Seitzei) of "Kol Aveidas Achicha" ...

(b)... and the Torah sees fit to mention it independently, to teach us that - any object that has Simanim is included in the Mitzvah of Hashavas Aveidah.

(c)The Tana adds 've'Yesh lo Tov'im' - meaning that (like a garment, which somebody manufactured, any object that has claimants is subject to the Mitzvah) ...

(d)... to exclude - an article from which the owner was Meya'esh.

(e)'Yi'ush' constitutes - verbally bemoaning one's financial loss ('Oy li le'Chesaron Kis!' [See Tos. Yom-Tov]).

13)

(a)Regarding the length of time that one needs to announce it, Rebbi Meir - requires only as much time as the neighbors get to hear about it ...

(b)... the neighbors who live in the location where the the article was found.

14)

(a)Rebbi Yehudah requires three Regalim - plus seven days ...

(b)... three days to go home and discover that he has lost something, three days to return and one day to announce it (See Tos. Yom-Tov).

(c)The Halachah - is like Rebbi Yehudah.

(d)During the period ...

1. ... following the Churban Beis-ha'Mikdash - it sufficed to announce the found article in the Batei-K'neses and the Batei Medrash.

2. ... that officers would confiscate whatever a person found for the king's coffers - one merely needed to inform one's neighbors and acquaintances.

15)

(a)If he merely specifies the type of object but fails to offer details about its appearance, it is not returned to him.

(b)Neither is it returned to a known swindler.

(c)we learn this from the Pasuk in Ki Seitzei (in connection with returning a lost article) "ad D'rosh Achicha oso" - which we Darshen to mean 'until you have investigated whether he is a swindler or not.

16)

(a)The Tana says that if one finds an animal that works and eats - he cares for it using the funds generated by the work that it produces; whereas One that eats but does not work - he sells, and the money is returned to the owner.

(b)We learn this we from the Pasuk there "Vahashevoso lo" - see to it that you return it to him (and not allow its value to be swallowed by the cost of caring for it).

(c)The owner prefers to retain his animal that he is used to working with when it is feasible.

17)

(a)The Chachamim limited the time that the finder is obligated to take the trouble of tending to the animal that he finds before selling it and holding on to the proceeds. They gave him twelve months to look after chickens - and large animals (such as oxen).

(b)They draw a distinction between animals that have been designated for breeding (such as foals [See also Tos. Yom-Tov] and calves, kids and lambs) and those that are designated for fattening. The time period of the former is - three months, of the latter - thirty days.

(c)When the above time-periods elapse - he has the option of purchasing the animals (following Beis-Din's assessment) or of selling them to others.

18)

(a)According to Rebbi Tarfon, the finder is permitted to make use of the proceeds; Rebbi Akiva - forbids it.

(b)The ramifications of their Machlokes are - whether one is Chayav (like a Sho'el [See Tos. Yom-Tov]) to pay, should anything happen to it (Rebbi Tarfon), or not (Rebbi Akiva).

(c)According to Rebbi Tarfon, he is Chayav - even if he did not actually use it.

(d)The Halachah is - like Rebbi Tarfon.

19)

(a)Rebbi Tarfon concedes that one may not touch the actual money that one finds ...

(b)... such as where one finds a purse-full of money or three coins one on top of the other.

20)

(a)When the Mishnah discusses how one treats Sefarim that one finds - it is referring to Sefarim written in the form of scrolls (as was customary in those days).

(b)The Tana obligates the finder to read them - once every thirty days.

(c)If he is unable to read - he should scroll them from one end to the other ...

(d)... in order to air it.

21)

(a)When the Tana says that one should not learn something to begin with he means that - one should not learn something new ...

(b)... since then he will need to keep the Seifer open in front of him longer than necessary (See Tos. Yom-Tov).

(c)Nor may he permit anybody else to read with him - because then each one is likely to pull the Seifer in his direction, and cause it to tear.

22)

(a)Someone who finds an article of clothing is obligated - to shake it once ever every thirty days and to spread it out ...

(b)... to prevent it from becoming moth-eaten.

(c)When spreading it out - he is not permitted to benefit personally from doing so (e.g. to demonstrate what nice clothes he has).

23)

(a)If the Metzi'ah consists of silver and copper vessels, one should use them once every thirty days - to prevent them from becoming rusty ...

(b)... since looking after them entails hiding them in the ground.

(c)He should however take care - not to overuse them to the point that they become worn-out before their time.

(d)Vessels are made of gold or of glass - should be left alone until Mashi'ach comes ...

(e). ... since they are not subject to rust. Moreover - glass vessels are prone to break easily.

24)

(a)The Tana finally rules that someone who finds a sack, a large box or anything else that he does not normally carry - is permitted to leave them where they are.

(b)This ruling refers - to a Rav or an important dignitary for whom carrying it is undignified.

(c)He learns this from the Pasuk there "Vehis'alamta meihem" - which implies that sometimes, one is permitted to desist from picking up a found object.

25)

(a)The Mishnah rules that if one finds a donkey or a cow grazing by the side of the road (See Tos. Yom-Tov) - it is not an Aveidah, whereas a donkey with its paraphernalia overturned or a cow running among the vines - is.

(b)The cow in the latter case is considered an Aveidah - because it stands to break its legs (and the owner is obviously unaware of what is going on [See also Tos. Yom-Tov]).

(c)If one returns an animal that one finds and it runs away again - ine must return it again ...

(d)... even as many as four or five times (See Tos. Yom-Tov).

(e)The Tana learns this from - the double Lashon in the Pasuk in Ki Seitzei "Hashev Teshivem" (See Tos. Yom-Tov).

26)

(a)The Mishnah permits someone returning a lost article to claim work-loss like a 'Po'el Bateil' - meaning how much a person would be willing to take a break from his more difficult regular job and perform the easier task of returning the lost article (See Tos. Yom-Tov).

(b)The Tana gives him a better option, provided there is a Beis-Din - comprising any three people) on hand ...

(c)... namely, to stipulate that he is only willing to return the lost article provided the owner fully compensates him.

(d)If there is no Beis-Din present and he does not want to suffer any work-loss - he is at liberty to leave the article where it is.

27)

(a)The Tana now rules that a cow that one finds in a stable - is not an Aveidah, whereas one that one finds in a main road - is (See Tos. Yom-Tov).

(b)The Chidush in the former case is that - it speaks where the door of the stable is not locked (See Tos. Yom-Tov).

28)

(a)If a Kohen spots a lost cow in a Beis-ha'Kevaros (See Tos. Yom-Tov) - he is not permitted to fetch it in order to fulfill the Mitzvah of Hashavas Aveidah.

(b)We cannot apply the principle 'Asei Docheh Lo Sa'aseh' - because Tum'as Kohen is an Asei as well as a Lo Sa'aseh (and an Asei does not override an Asei and a Lo Sa'aseh [See also Tos. Yom-Tov])

(c)The Asei of Hashavas Aveidah is - "Hashev Teshivem".

(d)The Lo Sa'seh of Tum'as Kohen is the Pasuk in Emor "le'Nefesh Lo Yitama be'Amav", and the Asei - the Pasuk there "Kedoshim Yih'yu".

29)

(a)The Tana rules that if a Kohen orders his son to enter a Beis-ha'Kevaros in order to perform the Mitzvah of Hashavas Aveidah ...

(b)... or if he orders him not to pick up a lost article that he finds on the street (See Tos. Yom-Tov) - the latter is forbidden to obey him.

(c)We learn this - from the Pasuk in Kedoshim "Ish Imo ve'Aviv Tira'u ve'es Shabsosai Tishmoru" (See Tos. Yom-Tov DH 'Lo Yishma lo').

30)

(a)The Mishnah now discusses the Pasuk in Mishpatim "Azov Ta'azov Imo" - with reference to helping to unload the donkey belonging to a fellow-Jew.

(b)The Tana learns from ...

1. ... the double expression that - even if one needs to do this four ot five times, one is obligated to do so (See Tos. Yom-Tov).

2. ... the word "Imo" - that he is only obligated to help the owner, but not to do it instead of him, whilst the latter sits down to watch him perform the Mitzvah.

(c)If however, he leaves the job to him because he is old or sick - then he is obligated to do it alone.

31)

(a)When the Tana states that it is a Mitzvah min ha'Torah to help unload (Lifrok) an animal but not to load (Lit'on) , he means that - it is a Mitzvah to perform the former free of charge but not the latter (See Tos. Yom-Tov).

(b)Rebbi Shimon - equates Te'inah with Perikah in this regard.

(c)Based on the 'Vav' in "Masa'o" (in the Pasuk "Tachas Masa'o") Rebbi Yossi ha'Gelili - rules that if the donkey is overloaded, one is not obligated to help the owner to readjust its load.

(d)The Halachah is - like the Tana Kama regarding both of these rulings.

32)

(a)There where both he and his father or he and his Rebbe have lost an article - his own Aveidah takes precedence ...

(b)... as the Torah writes in Re'ei - "Efes ki Lo Yih'yeh b'cha Evyon".

(c)If both his father and his Rebbe have lost articles - then that of his Rebbe takes precedence.

33)

(a)'Rebbe' in the current rulings means - one who has taught him most of what he knows (See Tos. Yom-Tov).

(b)A Rebbe take precedence over a father - because whereas the latter has brought him to this world, the former brings him to the World to Come.

(c)His father's Aveidah will take precedence however - there where he too, is a Talmid-Chacham (See Tos. Yom-Tov).

34)

(a)The same will apply in a case where both his father and his Rebbe both need ...

1. ... help to adjust a load that they are carrying (See Tos. Yom-Tov) , or where they both need ...

2. ... to be redeemed from captivity.