פירוש על בבא מציעא 41:8
Rosh on Bava Metzia
Which found items are [the finder's], and which is he obligated to proclaim? These found items are his: If he found scattered produce, scattered coins, bundles [of grain] in a public area, round cakes of figs, bread of a baker, strings of fish, cuts of meat, unprocessed wool fleeces that are taken from their state, flax stalks or strips of combed purple wool, these belong to him. In the Gemara, we establish [the case of] scattered produce to be a kav in four cubits in the gathering [of grain] on a threshing floor. For that is a loss of which one is aware; as the owners do not want to exert themselves for a kav that is scattered over four cubits, so he abandons them. Scattered coins do not have an identifying mark, and are knowingly abandoned, like that [statement of Rabbi Yitzchak - since a person is accustomed to feeling in his purse all the time, he will know that they fell before they come to the hand of the finder. Bundles in a public area, according to Rabbah, are when they have an identifying mark, but it is prone to be trampled; so the owners do not rely on that identifying mark and abandon [them]. But in a private area, such as a plowed field, they are not prone to be trampled, so he is obligated to announce [his finding it]. And in these [other cases], it makes no distinction between a public area and a private area. With piles of fruit, [however,] we do not trample them; and piles of coins do not move from their place by being trampled. And according to Rava, [the case of bundles] is speaking about when they do not have an identifying mark - so in a private area, [the owner] can give the place as an identifying mark; but in a public area, it rolls around from the feet of people and the feet of animals, so they did not have the place as an identifying mark. But in all of these [other cases], it does not distinguish [between a private area and a public area], since it is not the custom to place them on the ground, but they rather fell in the way of being dropped - and they do not have an identifying mark, so [the owners] abandoned them. But the standard case of bundles is [that it is found] in the manner of being placed - when a man stops to rest and puts down his load and they stayed there through some incident. So the owners abandon [them], since they do not have an identifying mark; and not everyone knows that one may not take [an object when there is] a doubt that it was placed down, and all the more so [when it is] certain - so they will take them........ Rabbi Yirmayah inquired, what about a half kav in two cubits by two cubits, since their value is less but their effort is [also] less; two kav in eight cubits by eight cubits, since their value is more but their effort is [also] more; a kav of sesame seeds in four cubits, since they are significant (in value), but their effort is greater; a kav of dates or a kav of pomegranates in four cubits, since they are not significant (in value), but their effort is less? It was not resolved. And since it was not resolved, we are strict concerning a doubt in a Torah law, so one is obligated to announce [his finding it].
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Rashi on Bava Metzia
Mishna - Elu Metziot: If he found scattered produce - their owners have abandoned them; so they are ownerless, as it says in the gemara.
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Tosafot on Bava Metzia
Mishnah - Elu Metziot Shelo: Bundles in a public area - It is specifically with bundles that it distinguishes between a public area and a private area: As according to the one that holds (later, on Bava Metzia 22b) that an identifying mark that is prone to be trampled is [considered] an identifying mark, and that a place is an identifying mark - it is speaking here when there is no identifying mark; and the place is also not an identifying mark in a public area, because they roll around. But the place is an identifying mark in a private area - such that one would be obligated to announce [them when they are found there]. And that is speaking about when it is found in the manner of being placed down (intentionally). But bread of a baker and round cakes of figs do not have an identifying mark, so they are [the finder's] even in a private area. And that is speaking about when he found it in the manner of [something] being dropped - hence the place is not an identifying mark. And if you will say, "Why does it mention bundles, in the manner of being placed down, more than the other [cases] - about which it is speaking in the manner of being dropped" - one can say that because the bundles are expensive, they would not have been dropped without his awareness (he would be more mindful about them). Rather, [the case would be] that when he stopped to rest, he placed them on the ground and forgot them there. However, the bread [from the kitchen] of a homeowner has an identifying mark, for homeowners are accustomed to make an identifying mark on their bread. Hence even [if they were found] in a public area, one is obligated to announce [them] - for an identifying mark that is prone to be trampled is [considered] an identifying mark. And [the reason] that the place is an identifying mark with piles of fruit or piles of money even in a public place - as it says later on - is because rolling around is not applicable to them. And if you will say, "How can [finders] take bundles in a public place when it is speaking about [them being found in] the manner of being placed down - behold, we say later that one may not take [an object when there is] a doubt that it was placed down, and all the more so [when it is] certain" - one can say that those words (that case) is when he finds [it] in a hidden and guarded place, such that he should not take it if there is no identifying mark; and if there is an identifying mark, he takes [it] and announces [it]. And according to the one that holds (later, on Bava Metzia 22b) that an identifying mark that is prone to be trampled is not [considered] an identifying mark, and that a place is also not an identifying mark - it is speaking about bundles that have an identifying mark. And hence one announces it [when it was found] in a private area. But the bread of the baker and the rest of [the cases in] our mishnah do not have an identifying mark. And hence they are his, even [if they were found] in a private area. However, he is obligated to announce the bread [from the kitchen] of a homeowner that has an identifying mark, even [when found] in a public place - as it is not something that is prone to be trampled, since we do not pass by food [without picking it up]. And our entire mishnah is speaking about whether [the object] was [found] in the manner of being dropped or whether it was in the manner of being placed down. And if you will say, "If the bundles were in the manner of being dropped, hence [the one who dropped them] does not know where they are; so why does he need to announce [them] - behold [the owner has abandoned them, since he believes that they fell in the public area" - one can say that even though he is not able to determine the place [where he dropped it], he knows whether it fell in a public area or a private area.
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Rashi on Bava Metzia
Scattered coins - Since they do not have a clear identifying mark, he abandons [them], and they become ownerless. And this is the reason for all of [these items].
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Rashi on Bava Metzia
Bundles (Kerichot) - Small sheaves. [It is] like we translate "gathering bundles" (Genesis 37:7), [as] mekarkhan kerichan in the Jerusalem Talmud.
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Rashi on Bava Metzia
In a public area - as everyone tramples them. And if they had an identifying mark, it is surely destroyed.
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Rashi on Bava Metzia
Of a baker - All baker's bread is the same, but bread [from the kitchen] of a homeowner has an identifying mark.
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Rashi on Bava Metzia
From their state - As they are, when they are shorn like all of the the shearings in the state. [This is] to exclude those that come from the craftsman's home, as it is learned in the lower part (the next mishnah).
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Rashi on Bava Metzia
Flax stalks - Ristes in the language of Ashkenaz (Germany); and in our place (France), it is popedes.
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Rashi on Bava Metzia
Strips (literally, tongues) of purple wool - Combed and pulled wool, then dyed purple; and they are common.
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