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Returning a Lost Object
Tort Law
Sources
A
If you see your fellow Israelite’s ox or sheep gone astray, do not ignore it; you must take it back to your peer. If your fellow Israelite does not live near you or you do not know who [the owner] is, you shall bring it home and it shall remain with you until your peer claims it; then you shall give it back. You shall do the same with that person’s ass; you shall do the same with that person’s garment; and so too shall you do with anything that your fellow Israelite loses and you find: you must not remain indifferent.
Deuteronomy 22:1-3
Two poor people entrusted two
se’ah
of barley to Rebbi Phineas ben Yaïr; he sowed them and harvested them. They came to him and wanted to take their barley. He said to them, bring camels and donkeys to carry their barley.
Jerusalem Talmud Demai 1:3:7
Simeon ben Shetaḥ was working with linen. His students said to him, Rabbi, in order to make it easier for you we want to buy a donkey, then you will not have to work so hard. They went and bought a donkey from a Saracen; a pearl was hanging on its neck. They came to him saying, because of this you will not have to work anymore. He said to them, why? They told him, we bought for you a donkey from a Saracen and a pearl is hanging on its neck. He asked them, does its owner know about this? They answered, no. He told them, go and return it…
Jerusalem Talmud Bava Metzia 2:5:3
§ The mishna teaches: If one found
silver vessels or copper vessels,
he
may use them
for their own sake; and the same
halakha
applies to other vessels.
The Sages taught
in a
baraita
:
One who finds wooden vessels uses them, so that they will not deteriorate
due to lack of use. If one found
copper vessels
he
uses them with hot
water,
but not
directly
on the fire, due to
the fact
that it erodes them.
If one found
silver vessels he uses them with cold
water,
but not with hot
water…
Bava Metzia 30a:12-15
Another matter, what is written above? “You shall know that the Lord your God, He is God, the faithful God” (Deuteronomy 7:9) – Rabbi Ḥiyya bar Abba said: To what is the matter comparable? To the friend of a king who entrusted a deposit to the hands [of the king]. The friend of the king died, and his son came and requested the deposit from [the king]. He said to him: ‘Give me the deposit that my father entrusted with you.’ The king said to him: ‘Have you found another better than I? Have I not guarded the deposit that is with me, and have I not folded it?’ So…
Devarim Rabbah 3:3
"May the conductor of the eighth be saved. Save us, O Lord, for we are godly; may the prophecy in Micah 7:2 be fulfilled. Andreas Shechik Tamia asked on what merit this nation stands. They said to him that it has pious men, righteous men, and men who toil in the Torah. Immediately he decreed and cast anger upon the land, so that they should not engage in Torah study. Therefore, David said, "Save us, O Lord, for we are godly." There was a story about a pious man who found a box full of coins that had been lost, and brought it to her…
Midrash Tehillim 12:1
MISHNA:
If one
found scrolls, he reads them once in thirty days
in order to ventilate them and prevent mold.
And if he does not know
how
to read, he rolls
and unrolls
them
in order to ventilate them.
But he shall not study
passages
in them for the first time,
as he would leave the scroll exposed to the air for a lengthy period, thereby causing damage.
And another
person
shall not read
the scroll
with him,
as each might pull it closer to improve his vantage point, which could cause the scroll to tear…
Bava Metzia 29b:4-7
Rabbi Yoḥanan
further
said: The Holy One, Blessed be He, proclaims about
the goodness of
three
kinds
of people every day,
as exceptional and noteworthy individuals:
About a bachelor who lives in a city and does not sin
with women;
about a poor person who returns a lost object to its owners
despite his poverty;
and about a wealthy person who tithes his produce in private,
without publicizing his behavior. The Gemara reports:
Rav Safra was a bachelor living in a city.
Pesachim 113a:13
The Gemara asks a question about one of the details of this story.
And Rabbi Ḥanina ben Dosa, from where did he have goats? Wasn’t he poor,
as stated above?
And furthermore, the Sages
have
said: One may not raise small, domesticated animals in Eretz Yisrael,
as they destroy the fields and property of others. How, then, could Rabbi Ḥanina ben Dosa raise goats?
Rav Pineḥas
said that this is how it came to pass:
An incident
occurred in which
a certain man passed by the entrance of
Rabbi Ḥanina’s
house and left chickens there…
Taanit 25a:9-10
Rebbi Samuel bar Sosarṭai went to Rome. The queen had lost her דילניה but he found it. A herold went through the city: One who will return it within 30 days will receive such and such; after 30 days his head will be lifted from him. He did not return it within 30 days. After 30 days he returned it. She asked him, had you not been in the city? He answered, yes. She asked him, had you not heard the voice of the herold? He answered, yes. She asked him, what did he say? He answered, one who will return it within 30 days will receive such and such; after 30 days his head will be lifted from him…
Jerusalem Talmud Bava Metzia 2:5:6
(Ps. 36:7:) “Your righteousness (rt.:
tsdq
) is like the mighty mountains; [Your judgments are like the great deep].” R. Judah bar Simon said, “The charity (rt.:
tsdq
) which You did with Noah in the ark was like the mighty mountains. [Thus it is stated (in Gen. 8:4),] ‘And the ark came to rest in the seventh month on the seventeenth day of the month, upon the mountains of Ararat.’ And the judgments are those which You rendered with [his] generation and carried out strictly with them as far as the great deep. Thus it is stated (in Gen…
Midrash Tanchuma, Emor 6:1
§
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…
Bava Metzia 28b:2-3
Related
ראו גם
Laws of Lost Objects
Lost Property
Sheets
דפי מקורות
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