REVACH L'DAF
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SUMMARY
If someone finds fruit in a utensil or only a utensil or money in a purse or only a purse he must announce it.
If someone find a mound of fruit or a mound of money, three coins on top of one another, bundles in Reshus ha'Yachid, homemade loaves, wool sheerings from a craftsman, or jugs of wine or oil he must announce it.
The Beraisa states if someone finds a utensil with fruit in front of it, or a purse with money in front if, he may keep the fruit and the money.
If the fruit or the money is partially in the utensil or partially in the purse, he is obligated to announce it.
Another Beraisa states if someone finds something with a Siman next to something without a Siman he must announce it and if the person who gives the Siman says that the item without a Siman does not belong to him the finder may keep it.
R. Zevid says the first Beraisa which states that he may keep it is referring to flax that was found in front of the utensil and the finder may keep the flax, but in the second Beraisa fruit is found in front of the utensil therefore he must announce it (1)
R. Papa says the first Beraisa which states that he may keep it is referring to a case where all of the fruit was in front of the utensil, but in the second Beraisa some of the fruit was remaining in the utensil and therefore he must announce it (2)
R. Chanina says if three coins are found one on top of another, if they are stacked like a tower with the biggest coin on the bottom and the next biggest in the middle and the smallest one on top he must announce it. (3)
R. Yochanan says even if the coins that were found on top of each other were all the same size he must announce the number of coins that he found. (4)
If coins are found in a circle, or in a line, or two coins in back and one in the middle in front it is a Safek if he must announce it.
If coins were found like a ladder with each coin partially on top of the coin underneath it, or two coins were on the bottom and one coin on top partially on both of the coins underneath it, he must announce it.
If someone finds a coin and his friend says it is a new coin from Niron Keisar even if his name was written on the coin it is not a valid Siman because maybe he spent it and it fell from a different person.
If someone finds tied up chicks behind a fence or in a path in the field he should not touch them because maybe someone left them there and if he takes them the owner doesn't have a Siman. (5)
If there is a Safek if a lost object was put down in the place it was found and it doesn't have a Siman it should not be taken, but if he did take it he shall not return it.
The Mishnah states if a utensil is found in the garbage if it is covered it shall not be taken, but if it is open the finder should take it and announce it.
The Beraisa states if a utensil is found in the garbage even if it is covered it shall be announced.
R. Zevid says the Mishnah is referring to large utensils that were likely placed there for safekeeping and there it shall not be taken, while the Beraisa is referring to small utensils that were likely accidentally thrown away and therefore even if the garbage is covered it shall be taken and announced.
R. Papa says that the Beraisa which states that even if the garbage is covered it shall be taken and announced it is referring to a case that the garbage is normally not taken away but now they have decided to take it away.
If an Aveidah is found in a heap of stones or in a very old wall he may keep it because he can claim to the owner of the wall that it has been here from the time of the Amora'im. (6)
If the Aveidah is found in the outer half of a new wall he may keep it, if it is found in the inner half of the new wall it belongs to the owner of the house. (7)
If the house was rented out even if he finds it inside the house he may keep it.
A BIT MORE
1. He may keep the flax because it is not likely that it was originally in the utensil and it fell out because if it had been in the utensil there would be some flax remaining in the utensil, but if fruit is found in front of the utensil it must be announced because fruit rolls and it is quite possible that the fruit was originally in the utensil and it rolled out.
2. According to the second Lashon both Beraisa are referring to case where all of the fruit was in front of the basket, however in the first Beraisa the fruit was not facing the basket and in the second Beraisa it was facing the basket; according to the third Lashon in both Beraisa the fruit was facing the basket, however in the first Beraisa the utensil had a lip and if the fruit was from the basket some of the fruit would have still be remaining in the basket therefore he may keep it, while in the second Beraisa the basket did not have a lip.
3. Since they were found in this fashion it must have placed there and the finder announces that he found coins and the owner gives a Siman that they were found like a tower with the biggest one on the bottom. However, if the coins were all the same size it is possible that they fell from the owner without his knowledge and they coincidentally ended up on top of each other and since there is no Siman the owner is Meya'esh and the finder may keep it.
4. The finder gives a Siman that they were found one top of another.
5. The place where they were found it is not a Siman because the chick may have moved and therefore it is a Safek if the chicks had moved from where they were placed and the finder may keep it, or if they were placed where they were found and since it is a Safek it may not be taken but if he takes them he should not return them.
6. The object was very rusty and therefore it is quite possible that it has even there for many years.
7. Even though an object that is found in a wall was obviously placed there deliberately and if someone finds something that is a Safek if it was placed there deliberately he may not take it if it doesn't have a Siman and certainly if it was definitely placed there he may not take it, however in this case the Aveidah was rusty and consequently the owner was already Meya'esh.
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BRIEF INSIGHT
TWO AVEIDOS
The Beraisa states if someone finds something with a Siman next to something without a Siman he must announce it and if the person who gives the Siman says that the item without a Siman does not belong to him the finder may keep it. Rashi explains that the person who gives the Siman says that the item without a Siman doesn't belong to him and therefore the finder may keep it. The Pnei Yehoshua asks it is Pashut if the finder says that the item without a Siman is not his that the finder may keep it. The Pnei Yehoshua answers that I may have thought that it is so obvious to us that the item without the Siman was lost by the same person as the item with a Siman since they were found next to each other, consequently the person who gave the Siman and said that the item without a Siman doesn't belong to him must be lying and we should not even give the item with a Siman back to him and we should continue to announce it. Therefore the Beraisa teaches us that we believe him that he lost the item with a Siman and the item without the Siman may be kept by the finder.
QUICK HALACHAH
STACKED COINS
If someone finds scattered money he may keep it even if part of each coin is on top of each other, but if one finds a mound of coins he must announce it. If one finds three coins on top each other like a tower with the widest coin on the bottom and the medium sized one in the middle, or like a ladder with most of the middle coin on top of the bottom coin, and most of the upper coin on top of the middle coin, or if there is one coin on one side and another coin on the other side and a third coin on top of the two bottom coins and if someone will take a sliver of wood he could lift all three coins at once he must announce it. If the coins were in a circle, or in a row, or two in the back and one in the front between the two back ones it is a Safek and it shall not be taken. (Shulchan Aruch CM 262:12)
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