- There seems to be 3 categories:
a) Oseh v'ochel - an ox, a donkey, a cow, as well as a hen - work and feed for 12 months
b) Aino oseh v'ochel - which the Mishnah instructs to "sell" - presumably this is the egalim and siyachin of the Beraisa - watch for 30/90 days (depending on the circumstances the Gemara describes) AND the geese and roosters of the Beraisa - watch for 3/30 days, (again, depending on the circumstances the Gemara describes) and then sell.
c) Tipulo m'rubeh m'scharo - Beraisa gives examples of geese and roosters, watch for 3/30 days (depending on the circumstances the Gemara describes) and then sell.
A few questions:
b) Why do we hold on to the egalaim and siyachim for 30/90 days, if they don't produce anything. Is this just to give a nominal time for the owner to track the finder down? And is 30/90 days the shiur for when it would start to eat 1/2 its worth in food?
c) Why are geese and roosters specifically described as "Tipulo M'RUBEH m'scharo"? Isn't that true of the egalim and siyachin of the reisha of the Beraisa as well? And isn't it more accurate to describe them as not doing ANYTHING? And again, is this just to give a nominal time for the owner to track the finder down? And is 3/30 days the shiur for when it would start to eat 1/2 its worth in food?
Daniel Steinberg, Columbus, OH USA
The Tana's main consideration is that the owner receives his article, as opposed to money. Hence, the finder is obligated to retain it as long as possible before selling it. Following that Chazal are concerned that (a) it should not cost the owner more than the article is worth when reimbursing the finder his expenses, and (b) not to overburden the finder when looking after the animal. It is not a matter of categories but a scale taking the above into consideration. Consequently, one retains geese and roosters, which do not produce and are difficult to look after, for only 3 or 30 days, but calves and foals, which are not so difficult to look after, for 30 or 90 days, even though neither of them produce.
As for the period of 3 or 30 days, that is the minimum time period that Chazal obligate the finder to take the trouble to look after the birds, to give the owner the opportunity to claim his birds. Incidentally, it is not the finder who tracks down the owner, but the owner who tracks down the finder.
B'Virchas Kol Tuv,
Eliezer Chrysler