Mesorat%20hashas for Bava Metzia 56:13

<big><strong>מתני׳</strong></big> כל דבר שעושה ואוכל יעשה ויאכל ודבר שאין עושה ואוכל ימכר שנאמר (דברים כב, ב) והשבותו לו ראה היאך תשיבנו לו

BUT IF HE IS A CHEAT, IF HE STATES ITS IDENTIFICATION MARKS, IT MUST NOT BE GIVEN UP TO HIM. Our Rabbis taught: At first, whoever lost an article used to state its marks of identification and take it. When deceivers increased in number, it was enacted that he should be told, 'Go forth and bring witnesses that thou art not a deceiver; then take it'. Even as it once happened that R. papa's father lost an ass, which others found. When he came before Rabbah son of R. Huna, he directed him, 'Go and bring witnesses that you are not a fraud, and take it.' So he went and brought witnesses. Said he to them, 'Do you know him to be a deceiver?' — 'Yes', they replied. 'I, a deceiver!' he exclaimed to them. 'We meant that you are not a fraud,' they answered him. 'It stands to reason that one does not bring [witnesses] to his disadvantage.' said Rabbah son of R. Huna.<span class="x" onmousemove="('comment',' Therefore the witnesses can withdraw their testimony, though normally this is forbidden. But in this case it is evident that they thought that he had asked, 'Do ye know that he is not a deceiver?' which was the usual form of the question. ');">¹²</span>

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