Jerusalem Talmud Bava Metzia 2:1

משנה: אֵילּוּ מְצִיאוֹת שֶׁלּוֹ וְאֵילּוּ חַייָב לְהַכְרִיז. אֵילּוּ מְצִיאוֹת שֶׁלּוֹ מָצָא פֵירוֹת מְפוּזָּרִין מָעוֹת מְפוּזָּרוֹת כְּרִיכוֹת בִּרְשׁוּת הָרַבִּים וְעִיגּוּלֵי דְבֵילָה כִּכָּרוֹת שֶׁל נַחְתּוֹם מַחֲרוֹזוֹת שֶׁל דָּגִים וַחֲתִיכוֹת שֶׁל בָּשָׂר וְגִיזֵּי צֶמֶר הַבָּאוֹת מִמְּדִינָתָן וַאֲנִיצֵי פִשְׁתָּן וּלְשׁוֹנוֹת שֶׁל אַרְגָּמָן הֲרֵי אֵילּוּ שֶׁלּוֹ. MISHNAH: Which finds are his and which ones does he have to make public¹As explained in Mishnah 6, there is a biblical requirement that the finder not return a found object unless the person claiming to be the owner clearly identifies the object by some marks or properties not generally known. Therefore, objects without identifying properties cannot be returned and become the finder’s immediately since it may be assumed that the owner immediately gave up hope of recovery, so that an ownerless object was picked up.? The following finds are his: If he found scattered produce, scattered coins²If these are common produce or common coins, they have no identifying marks nor can they be identified by the place where they were lost., bundles of grain in the public domain³Small bundles which are blown away by the wind or moved by passing animals or people; they cannot be expected to be found at the place where they were lost. Since most farmers make such bundles, their shape is no identifying mark., or fig cakes, baker’s loaves, strings of fish, cuts of meat, local fleece-wool, bundles of flax, or strips of purple wool⁴All these are local products, made uniformly by several producers and, therefore, without individual identifying marks.; these are his⁵In the Babli and most independent Mishnah mss.: “The words of R. Meïr.” Since an anonymous Mishnah is supposed to be R. Meïr’s, the addition is unnecessary. The individual opinions expressed in the next Mishnah are clarifications, not dissenting opinions..

הלכה: אֵילּוּ מְצִיאוֹת שֶׁלּוֹ כול׳. מְנַיִין לְיִיאוּשׁ בְּעָלִין מִן הַתּוֹרָה. רִבִּי יוֹחָנָן בְּשֵׁם רִבִּי שִׁמְעוֹן בֶּן יְהוֹצָדָק. כֵּן תַּעֲשֶׂה לַחֲמוֹרוֹ וגו׳. אֶת שֶׁאָבוּד לוֹ וּמָצוּי לָךְ אַתְּ חַייָב לְהַכְרִיז. וְאֶת שֶׁאֵינוֹ אָבוּד לוֹ וּמָצוּי לָךְ אֵין אַתְּ חַייָב לְהַכְרִיז. יָצָא יִיאוּשׁ בְּעָלִים שֶׁאָבוּד מִמֶּנּוּ וּמִכָּל־אָדָם. HALAKHAH: “Which finds are his,” etc. From where may an owner’s hopelessness⁶That a lost article becomes ownerless the moment the owner realizes his loss since he has no hope of recovery. Then appropriating a find which has no distinguishing marks is not theft. This leaves open the question, discussed at length in the Babli, why keeping a find without marks is not theft even before the original owner became conscious of his loss. be deduced from the Torah? Rebbi Joḥanan said in the name of Rebbi Simeon ben Yehoṣadaq: “So you shall proceed with his donkey,⁷Deuteronomy.22.3">Deut. 22:3: “So you shall proceed with his donkey, so you shall proceed with his garment, so you shall proceed with anything lost by your neighbor and which you found; you cannot avoid taking notice.” As usual, the argument is about a part of the verse which is not quoted. The clause in Italics seems to be superfluous; if he did not lose and you did not find, there would be no case. It must be that you found something which can be traced back to your neighbor.” etc. What is lost by him but may be found by anybody you have to make public. But what is not lost by him but may be found by anybody you do not have to make public. This excludes the owner’s hopelessness about that which was lost by him or anybody.

תַּנֵּי. מָצָא כְּרִיכוֹת בִּרְשׁוּת הָרַבִּים אֵינוֹ חַייָב לְהַכְרִיז. בִּרְשׁוּת הַיָּחִיד חַייָב לְהַכְרִיז. אֲלוּמּוֹת בֵּין בִּרְשׁוּת הָרַבִּים בֵּין בִּרְשׁוּת הַיָּחִיד חַייָב לְהַכְרִיז. It was stated⁸Tosephta 2:5; Babli 22b.: “One who found bundles of grain in the public domain⁹Small bundles of standard size on the road leading from the fields to town. does not have to make it public; in a private domain¹⁰On a field or a narrow path, not accessible to persons not engaged in agriculture at that place. he has to make it public¹¹In this situation, the bundle might not have been moved from the place and the place might count as identifying mark.. Sheaves¹²Large sheaves for which size, kind, and place might count as identifying marks. he has to make public, whether in the public or the private domain.”

עִיגּוּלֵי דְבֵילָה. הָדָא דְתֵימַר בְּאִילֵּין עִיגּוּלַייָא רַבְרְבַיָּא. בְּרַם בְּאִילֵּין זְעִירַייָא דְּאַתְייָן מִבָּצְרָה חַייָב לְהַכְרִיז מִשּׁוּם סֵימָנֵי מָקוֹם. חֲתִיכוֹת שֶׁלְּבָשָׂר וּבְתוֹכָן כִּכָּר אַחַת אוֹ כוּלְיָה אַחַת חַייָב לְהַכְרִיז. מַחֲרוֹזוֹת שֶׁלְּדָגִים וּבְתוֹכָן יָרָק אֶחָד אוֹ לָכִיס אֶחָד חַייָב לְהַכְרִיז. “Fig cakes.” That is, large cakes. But small cakes which come from Bostra¹³They are not locally made and may exhibit characteristics which distinguish them from other imported produce. he has to make public since they are typical for that place. Cuts of meat and among them a loaf¹⁴E reads כָּבֵד אֶחָד “a liver”. This seems to be a more reasonable text. Meat which is not a standard cut produced by every butcher has to be announced. or a kidney he has to make public. Strings of fish¹⁵Routinely made by every fisherman when he brings his catch to market. strung together with a vegetable or a whitefish¹⁵Routinely made by every fisherman when he brings his catch to market. he has to make public.