Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : because perhaps one who hears him will come to confuse it with the first pilgrimage Festival? The Gemara answers: Confusing the second Festival with the first is not a problem, as in any case, won’t the finder come on the third pilgrimage Festival, thereby giving the owner another opportunity to recover his lost item?

Traduction française en préparation — version anglaise (Steinsaltz) : § The Sages taught: Initially, anyone who found a lost item would proclaim his find for three pilgrimage Festivals and for seven days after the last of the three pilgrimage Festivals, so that its owner will go to his home, a trip lasting up to three days, and will return to Jerusalem, a trip lasting up to three days, and proclaim his loss for one day. But from the time that the Temple was destroyed, may it be rebuilt speedily in our days, the Sages instituted that those who find lost items shall proclaim their finds in synagogues and study halls. And from the time that the oppressors proliferated, the Sages instituted an ordinance that one who finds a lost item shall inform his neighbors and acquaintances, and that will suffice for him.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: What is the meaning of: From the time that the oppressors proliferated? The Gemara answers: It is from the time that they say: A lost item belongs to the king. The Sages were concerned that any public proclamation would result in confiscation of the lost item. The Gemara relates: Rabbi Ami found a vessel full of dinars. A certain Roman saw that he was wary and hesitant to take it. The Roman said to him: Go, take it for yourself; as we are not Persians, who say that a lost item belongs to the king.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages taught in a baraita: There was a Claimant’s Stone in Jerusalem, and anyone who lost an item would be directed there and anyone who found a lost item would be directed there. This finder would stand and proclaim his find and that owner would stand and provide its distinguishing marks and take the item. And that is the place about which we learned in a mishna (Ta’anit 19a): Go and see if the Claimant’s Stone has been obscured by the rising water.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: If a claimant accurately stated what type of item the lost item that was found by another is, but did not state, i.e., describe, its distinguishing marks, the finder shall not give it to him. And in the case of a swindler, even though he stated its distinguishing marks, the finder shall not give the lost item to him, as it is stated: “And if your brother be not near you, and you know him not, then you shall bring it into your house, and it shall be with you until your brother claims [derosh] it [oto], and you shall return it to him” (Deuteronomy 22:2). Would it enter your mind that the finder would give it to him before he claims it? How can the finder return it if he does not know the identity of the owner? Rather, the verb derosh is not referring to the claim of the owner; it is referring to the scrutiny performed by the finder. You shall not return the lost item until you scrutinize [shetidrosh] your brother to determine whether he, the claimant, is a swindler or whether he is not a swindler.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: It was stated that Rav Yehuda said: One who finds an item proclaims that he found a lost item without specifying its nature. And Rav Naḥman said: He specifies the nature of the item, e.g., he proclaims that he found a cloak.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Yehuda said: One who finds an item proclaims that he found a lost item, as if you say that he proclaims that he found a cloak, we are concerned about the possibility that a swindler may attempt to claim the item. Perhaps the swindler learned that another person lost that item, and he will ascertain its distinguishing marks, provide those distinguishing marks, and claim the item.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Naḥman said: The finder proclaims that he found a cloak, and we are not concerned about the possibility that a swindler may attempt to claim the item, as if so, there is no end to the matter. Even if the finder does not specify the nature of the item, perhaps a swindler would be able to guess its nature.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara cites proof from that which we learned in the mishna: If a claimant accurately states what type of item the lost item that was found by another is, but did not state its distinguishing marks, the finder shall not give it to him. Granted, if you say the finder proclaims that he found an unspecified lost item, this mishna teaches us that even though the claimant indeed stated that the lost item is a cloak, as long as he did not state its distinguishing marks, we do not return it to him. But if you say that the finder proclaims that he found a cloak, if the finder stated that he found a cloak and the claimant stated that he lost a cloak, does it need to be said that when he did not state its distinguishing marks, we do not return it to him?

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Safra said: Actually, one could say that the finder proclaims that he found a cloak, and the mishna is referring to a case where the finder stated that he found a cloak, and the claimant stated its distinguishing marks. And what is the meaning of the phrase in the mishna: If he did not state its distinguishing marks? It means: If he did not state its clear-cut distinguishing marks but rather stated distinguishing marks that are not exclusive to the item. Therefore, he does not prove his ownership.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: And in the case of a swindler, even though he stated its distinguishing marks, the finder shall not give the lost item to him. The Sages taught: Initially, anyone who lost an item would provide its distinguishing marks and take it. But when the swindlers proliferated, the Sages instituted an ordinance that the finders will say to him: Go and bring witnesses who can testify that you are not a swindler, and take your item.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara relates: This is as in that incident involving the father of Rav Pappa, who lost a donkey and others found it. He came before Rabba bar Rav Huna to reclaim his donkey. Rabba bar Rav Huna said to the father of Rav Pappa: Go and bring witnesses who can testify that you are not a swindler, and you may take your donkey. The father of Rav Pappa went and brought witnesses. Rabba bar Rav Huna said to the witnesses: Do you know about him that he is a swindler? The witnesses said: Yes. Rav Pappa’s father said, incredulously, to the witnesses: I am a swindler? The witnesses said to him: We were saying that you are not a swindler. They had thought the question was if he was not a swindler, and therefore responded in the affirmative. Rabba bar Rav Huna said: It is reasonable to conclude that the witnesses actually intended to support Rav Pappa’s father, because presumably, a person does not bring condemnation upon himself; Rav Pappa’s father would not have volunteered to provide witnesses who would testify against him.