Bava Metzia 28 - March 27, 17 Adar 2
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As another difficulty is raised against Rava's explanation for simanim being a rabbinic law, Rava concludes that one can retrieve a lost item by bringing simanim by Torah law. What if two people bring simanim or one person brings simanim and the other witnesses or the other one witness? Rava explains cases where two people bring different identifying details and explains which is the stronger one. For how long does the finder need to announce the lost object? Rabbi Meir holds until the neighbors know. The Gemara explains that "the neighbors" refers to the neighbors in the neighborhood where the lost item was found. Rabbi Yehuda says one must announce it on the three regalim, holidays, and for seven days after the last one to allow people to go home, see that they lost the item, and come back to claim it. This amount of time mentioned contradicts a Mishna in Taanit 10a regarding when we start to pray for rain as there it states that it takes fifteen days for the people who live farthest to get home. How is this contradiction resolved? Once the Temple was destroyed, the finder would announce in the shuls and the batei midrash. But at a certain point in history, the lost items were given to the authorities so people would spread the word more quietly among their neighbors. In the Temple, the finders would announce lost items in a place called the even hatoen and the ones who had lost items would go there to retrieve their lost items. Even when one brought simanim, they would question them even further to ensure they weren't lying. Rav Yehuda and Rav Nachman disagree about whether one would announce "I found a lost item" or "I found a cloak (for example)." Can we find support for one of the opinions from the Mishna? Originally, they were not concerned that people would lie about lost items and take items of others, but as time went on, people took advantage. As a result, the Sages instituted that to retrieve an item with simanim, one would have to bring witnesses attesting to the person's honesty. If the lost item is an animal that can work and generate revenue, the finder should keep the animal if the revenue exceeds the upkeep costs. If not, the finder can sell the animal and return the money to the owner. Can the finder use the money? If yes, the finder is responsible for replacing it, if the money gets lost. Rabbi Tarfon and Rabbi Akiva disagree about this issue. Even an animal that generates more revenue than cost, after twelve months pass, the finder can sell it. Two braitot list different amounts of time necessary to wait before selling calves and foals, and geese and roosters, as they do not generate enough income. How are the contradictory braitot reconciled?