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בבא מציעא פרק ב' משנה ז' אָמַר אֶת הָאֲבֵדָה וְלֹא אָמַר סִימָנֶיהָ, לֹא יִתֶּן לוֹ. וְהָרַמַּאי אַף עַל פִּי שֶׁאָמַר סִימָנֶיהָ, לֹא יִתֶּן לוֹ, שֶׁנֶּאֱמַר (דברים כב) עַד דְּרשׁ אָחִיךָ אֹתוֹ, עַד שֶׁתִּדְרשׁ אֶת אָחִיךָ אִם רַמַּאי הוּא אִם אֵינוֹ רַמַּאי. Back.
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בבא מציעא פרק ב' משנה ז' אָמַר אֶת הָאֲבֵדָה וְלֹא אָמַר סִימָנֶיהָ, לֹא יִתֶּן לוֹ. וְהָרַמַּאי אַף עַל פִּי שֶׁאָמַר סִימָנֶיהָ, לֹא יִתֶּן לוֹ, שֶׁנֶּאֱמַר (דברים כב) עַד דְּרשׁ אָחִיךָ אֹתוֹ, עַד שֶׁתִּדְרשׁ אֶת אָחִיךָ אִם רַמַּאי הוּא אִם אֵינוֹ רַמַּאי. Back Listen to explanation
Goal #1 (איתמר 19 כח:) The גמרא quotes a מחלוקת between two אמוראים. Back Torah Scroll Next Goal
Goal #2 (רב 20 כח:) The גמרא explains the מחלוקת. Back Torah Scroll Next Goal Previous Goal
Goal #3 (תנן 22 כח:) The גמרא quotes a portion of our משנה as a support. Back Torah Scroll Next Goal Previous Goal
Goal #4 (אי 23 כח:) The גמרא asks a two part attack question, explaining how the משנה is a support. Back Torah Scroll Next Goal Previous Goal
Goal #5 (אמר 26 כח:) The גמרא answers the question. Back Torah Scroll Next Goal Previous Goal
Goal #6 (ומאי 27 כח:) The גמרא asks a question based on the above answer. Back Torah Scroll Next Goal Previous Goal
Goal #7 (לא 27 כח:) The גמרא answers the question. Back Torah Scroll Previous Goal
רבי יהודה says that when a person announces a lost object that he found, he does not specify which type of lost object it is. רב נחמן says that when a person announces a lost object that he found, he specifies what the lost object is. Back to Daf Back to Goal Next Torah Scroll Listen to explanation
רב יהודה explains that if the finder would announce the type of object we would need to be worried about tricksters. Someone might over hear the owner of the cloak bemoaning his loss to his friends. Later if the person hears the announcement of a lost cloak being found he might come and give the סימנין and take it. If the finder only announced that he found an object, other people would not try and take it falsely. • רב נחמן explains that if we start to do things out of concern of tricksters there would be no end to the matter. If a person wanted to trick someone and take it falsely, only announcing that a lost object was found would not help. The person would go and say “if the object found was a cloak, then these are the סימנין”. Back to Daf Next Torah Scroll Back to Goal Previous Torah Scroll Listen to explanation
If the owner of the lost object tells the finder what the object is you do not return it to him unless he tells you the סימנין. Back to Daf Back to Goal Next Torah Scroll Previous Torah Scroll Listen to explanation
If you do not return the object to the claimer until he says the סימנין it makes sense to say that the finder announces that he found an object and not specify what the object is, like רב יהודה. This is why the משנה’s statement was needed. • However, if the finder would announce the type of object, like רב נחמן, why do we need the משנה’s statement? Would we have thought that if the finder announces the type of object and the claimer says the type of object we should return it to the claimer without סימנין?! Back to Daf Back to Goal Next Torah Scroll Previous Torah Scroll Listen to explanation
רב ספרא explains that the משנה’s statement would still be needed if you the finder would be announcing the type of object. The finder would announce the type of object and the claimer would say the סימנין for the object. Back to Daf Back to Goal Next Torah Scroll Previous Torah Scroll Listen to explanation
If it is true that the case of the משנה is where the claimer says the סימנין, then why in the משנה does it write “and he does not say its סימנין”? Back to Daf Back to Goal Next Torah Scroll Previous Torah Scroll Listen to explanation
The משנה meant that the claimer did not give excellent סימנין. Back to Daf Back to Goal Previous Torah Scroll Listen to explanation
חיישינן לרמאי – Maybe someone might have overheard the owner bemoaning to his neighbors that he lost his טלית and when he hears someone announcing that they found a טלית this person will give the סימנין and take the object. However, if the person only announced that he found a lost object, this trickster would not try and gamble by saying that it was a טלית. Back to Daf Back to Torah Scroll Next Rashi
אין לדבר סוף – Now also he will attempt and say “if it was a טלית then these are the סימנין”. Back to Daf Back to Torah Scroll Next Rashi Previous Rashi
אי אמרת בשלמא אבידתא מכריז – And he does not announce the type of object. The ברייתא is teaching us that even in such a case if a person tells the finder the object, he still needs to give the סימנין. Back to Daf Back to Torah Scroll Previous Rashi
Goal #1 (והרמאי 28 כח:) The גמרא quotes a portion of our משנה. Back Torah Scroll Next Goal
Goal #2 (ת"ר 28 כח:) The גמרא quotes a ברייתא. Back Torah Scroll Next Goal Previous Goal
Goal #3 (כי 30 כח:) The גמרא brings a story to help illustrate the ברייתא. Back Torah Scroll Previous Goal
The משנה states that even if a trickster says the סימנין of the lost object you do not return it to him. Back to Daf Back to Goal Next Torah Scroll Listen to explanation
Originally it use to be that a claimer would just tell the finder what the סימנין of the object was and he could take it. However, when there became many more tricksters the Rabbis established that the finder should not return a lost object to a claimer unless the claimer would bring witnesses that he was not a trickster. Back to Daf Back to Goal Next Torah Scroll Previous Torah Scroll Listen to explanation
רב פפא’s father once lost his donkey. When he heard that it was found he went to רבה בר רב הונא to claim it back. רבה בר רב הונא told רב פפא’s father that he needed to bring witnesses that he was not a trickster and then he could take the donkey. רב פפא’s father went and brought back witnesses. רבה בר רב הונא asked the witnesses if they knew that רב פפא’s father was a trickster. The witnesses thinking that רבה בר רב הונא asked if they knew that רב פפא’s father was not a trickster, answered yes. When רב פפא’s father heard this he said to them “What do you mean I am a trickster! I am not a trickster”. The witnesses quickly explained to רבה בר רב הונא that they meant that רב פפא’s father was not a trickster. רבה בר רב הונא said that it is logical that the witnesses meant that the whole time, because a person would only bring witnesses if he was sure they would not testify to his detriment. Back to Daf Previous Torah Scroll Back to Goal Listen to explanation
אמרו ליה אין – They thought he was going to say to them “Do you know that he is not a liar”, because that is the way to ask the question. Back to Daf Back to Torah Scroll Next Rashi
מסתברא – That this was their original intention, and this is not a case of where they went back on what they said. Back to Daf Back to Torah Scroll Next Rashi Previous Rashi
לא מייתי איניש חובה לנפשיה – When he brought them to court he was sure that they were not going to testify to his detriment. Back to Daf Back to Torah Scroll Previous Rashi