ื ืคืชื— ื‘ื›ืจื˜ื™ืกื™ื™ื” ื—ื“ืฉื”
Mishnah.org Logo
ื”ืชื—ื‘ืจื•ืชื™ืฆื™ืจืช ื—ืฉื‘ื•ืŸ ื‘ื—ื™ื ื
ืœืžื“ ืžืฉื ื™ื•ืช
ื–ืจืขื™ื
ืžื•ืขื“
ื ืฉื™ื
ื ื–ื™ืงื™ืŸ
ืงื“ืฉื™ื
ื˜ื”ืจื•ืช
ื˜ื‘ืœืื•ืช ืžืฉื ื™ื•ืช
ื”ื˜ื‘ืœืื•ืช ื”ืื—ืจื•ื ื•ืชื™ืฆื™ืจืช ืชื›ื ื™ืช
ืžืฉื ื” ื™ื•ืžื™ืชืื”ืœื•ืช ื™ืดื‘:ื’ืณ - ื™ืดื‘:ื“ืณ
ื”ืชื—ื‘ืจื•ืชื™ืฆื™ืจืช ื—ืฉื‘ื•ืŸ ื‘ื—ื™ื ื
ืคืจืง ืืณ

Mishnayos Bava Metzia Perek 1 Mishnah 8

ื‘ื‘ื ืžืฆื™ืขื ืคืจืง ืืณ ืžืฉื ื” ื—ืณ

8
If one found documents of appraisal of a debtorโ€™s property for the purpose of debt collection; or documents concerning food, which were drawn up when one accepted upon himself to provide sustenance for another; documents of แธฅalitza; or documents of refusal of a girl upon reaching majority to remain married to the man to whom her mother or brothers married her as a minor after the death of her father; or documents of beirurin, a concept that will be explained in the Gemara; or any court enactment, e.g., a promissory note that has been authenticated by the court, in all of these cases, the finder must return the document to its presumed owner. If one found documents in a แธฅafisa or in a deluskema, both of them types of containers, or if he found a roll of documents or a bundle of documents, he must return them. And how many documents are considered to be a bundle of documents? It is three that are tied together. Rabban Shimon ben Gamliel says: If the documents make reference to loans of one person who borrowed money from three people, the finder must return them to the debtor, as they were presumably in his possession before being lost. If the documents make reference to loans of three people who borrowed money from one person, he must return them to the creditor, as they were presumably in his possession before being lost. If one found a document among his documents that were given to him by other people as a trustee, and he does not know what its nature is, i.e., he does not remember who gave it to him or whether the debt mentioned in it has been paid, the document is placed aside until Elijah the prophet comes and clarifies the issue through his prophecy. If there are cancellations of contracts [simponot] among them, he should do what is stated in the simponot.
ืžึธืฆึธื ืึดื’ึผึฐืจื•ึนืช ืฉืื•ึผื ื•ึฐืึดื’ึผึฐืจื•ึนืช ืžึธื–ื•ึนืŸ, ืฉืึฐื˜ึธืจึตื™ ื—ึฒืœึดื™ืฆึธื” ื•ึผืžึตืื•ึผื ึดื™ืŸ, ื•ึผืฉืึฐื˜ึธืจึตื™ ื‘ึตืจื•ึผืจึดื™ืŸ, ื•ึฐื›ึธืœ ืžึทืขึฒืฉื‚ึตื” ื‘ึตื™ืช ื“ึผึดื™ืŸ, ื”ึฒืจึตื™ ื–ึถื” ื™ึทื—ึฒื–ึดื™ืจ. ืžึธืฆึธื ื‘ึทื—ึฒืคึดื™ืกึธื” ืื•ึน ื‘ึดื“ึฐืœึปืกึฐืงึฐืžึธื, ืชึผึทื›ึฐืจึดื™ืšึฐ ืฉืึถืœ ืฉืึฐื˜ึธืจื•ึนืช, ืื•ึน ืึฒื’ึปื“ึผึธื” ืฉืึถืœ ืฉืึฐื˜ึธืจื•ึนืช, ื”ึฒืจึตื™ ื–ึถื” ื™ึทื—ึฒื–ึดื™ืจ. ื•ึฐื›ึทืžึผึธื” ืึฒื’ึปื“ึผึธื” ืฉืึถืœ ืฉืึฐื˜ึธืจื•ึนืช, ืฉืึฐืœืฉืึธื” ืงึฐืฉืื•ึผืจึดื™ืŸ ื–ึถื” ื‘ึธื–ึถื”. ืจึทื‘ึผึธืŸ ืฉืึดืžึฐืขื•ึนืŸ ื‘ึผึถืŸ ื’ึผึทืžึฐืœึดื™ืึตืœ ืื•ึนืžึตืจ, ืึถื—ึธื“ ื”ึทืœึผึนื•ึถื” ืžึดืฉึผืึฐืœืฉืึธื”, ื™ึทื—ึฒื–ึดื™ืจ ืœึทืœึผึนื•ึถื”, ืฉืึฐืœืฉืึธื” ื”ึทืœึผึนื•ึดื™ืŸ ืžึตืึถื—ึธื“, ื™ึทื—ึฒื–ึดื™ืจ ืœึทืžึผึทืœึฐื•ึถื”. ืžึธืฆึธื ืฉืึฐื˜ึธืจ ื‘ึผึตื™ืŸ ืฉืึฐื˜ึธืจื•ึนืชึธื™ื• ื•ึฐืึตื™ื ื•ึน ื™ื•ึนื“ึตืขึท ืžึทื” ื˜ึผึดื™ื‘ื•ึน, ื™ึฐื”ึตื ืžึปื ึผึธื— ืขึทื“ ืฉืึถื™ึผึธื‘ึนื ืึตืœึดื™ึผึธื”ื•ึผ. ืึดื ื™ึตืฉื ืขึดืžึผึธื”ึถืŸ ืกึดืžึฐืคึผื•ึนื ื•ึนืช, ื™ึทืขึฒืฉื‚ึถื” ืžึทื” ืฉึผืึถื‘ึผึทืกึผึดืžึฐืคึผื•ึนื ื•ึนืช:
ื—ืณ
ื‘ืจื˜ื ื•ืจื

ืื’ืจื•ืช ืฉื•ื โ€“ that the Jewish court estimated the [value of the] property of the borrower to the creditor in his loan document

ื•ืื’ืจื•ืช ืžื–ื•ืŸ โ€“ that he accepted upon himself to feed the daughter of his wife. Another explanation: that they would sell from the landed property of the husband to support the wife and the daughters.

ื•ืžื™ืื•ื ื™ืŸ โ€“ that they would write in the document: โ€œIn our presence, so-and-so has refused this particular gentleman as her husband.โ€ And this is regarding when a minor whose mother and/or brothers married her off, she does not require a Jewish bill of divorce.

ืฉื˜ืจื™ ื‘ื™ืจื•ืจื™ืŸ โ€“ this one chooses one [judge] and the other party chooses one [judge] who will adjudicate for them.

ืžืฆื โ€“ [he found] documents.

ื‘ื—ืคื™ืกื” โ€“ a small leather bag

ื•ื“ืœื•ืกืงืžื โ€“ a leather utensil/box that the elderly hide their utensils so that they donโ€™t have to search after them.

ื•ืชื›ืจื™ืš ืฉืœ ืฉื˜ืจื•ืช โ€“ three documents or more which are wrapped up one with the other.

ื•ืื’ื•ื“ื” โ€“ that are lying one on top of the other, the length of this one on the length of that one.

ื”ืจื™ ื–ื” ื™ื—ื–ื™ืจ โ€“ since it is something that has a sign; for the utensil is sign when the owners say, โ€œin this particular utensil you found them.โ€

ืื—ื“ ื”ืœื•ื” ืžืฉืœืฉื” โ€“ if there are three [loan] documents of one borrower who borrowed from three [different] people, the finder [of these lost documents] should be returned to the borrower, since they had surely fallen from his hand, for if they had fallen from their hands (i.e., the three lenders), who gathered them to one place? And specifically when the documents were authenticated by the Jewish court. But if they were not authenticated, we suspect that perhaps, in order to authenticate them, the three lenders brought them to the scribe of the judges and they fell from the hand of the scribe. And we should not suspect lest after they had been authenticated, they fell from the hand of the scribe, for a person does not delay their confirmation in the hand of the scribe. And if they (i.e., the loan documents) are from three [different] borrowers, who borrowed from one individual, the finder should return them to the lender for the matter is known that they fell from him. And if all three of them were in the writing of one scribe, we suspect lest they fell from the hand of the scribe and they were not [ever] loaned. And therefore, we do not return them.

ืžืฆื ืฉื˜ืจ ื‘ื™ืŸ ืฉื˜ืจื•ืชื™ื• ื•ืื™ื ื• ื™ื•ื“ืข ืžื” ื˜ื™ื‘ื• โ€“ with him โ€“ if the borrower deposited it with him or the lender, or lest it was partially paid-off, and they delivered it to him to be the intermediary between them (i.e., the lender and the borrower).

ื™ื”ื ืžื•ื ื— โ€“ in his hand, and he should not return it to either this one or the other one.

ื•ืื ื™ืฉ ืขืžื”ืŸ ืกืžืคื•ืŸ โ€“ [codicil]. The one who finds it amongst his documents a receipt that was written on one of his documents.

ื™ืขืฉื” ืžื” ืฉื‘ืกืžืคื•ืŸ โ€“ And the [loan] document was under the presumption of having been paid-off, and even though it would have been appropriate for this receipt to have been placed in the hand of the borrower and not in the hand of the lender/creditor, we say that the borrower trusted the lender and said: โ€œtomorrow give it [the receipt] to me,โ€ and he forgot. And this is the case of when a lender found this document upon which was written the receipt, between his torn documents even though it was not torn.

ืื’ืจื•ืช ืฉื•ื. ืฉืฉืžื• ื‘ื™ืช ื“ื™ืŸ ื ื›ืกื™ ืœื•ื” ืœืžืœื•ื” ื‘ื—ื•ื‘ื•:

ื•ืื’ืจื•ืช ืžื–ื•ืŸ. ืฉืงื‘ืœ ืขืœื™ื• ืœื–ื•ืŸ ืืช ื‘ืช ืืฉืชื•. ืคื™ืจื•ืฉ ืื—ืจ, ืฉื™ืžื›ืจื• ืžืงืจืงืข ื”ื‘ืขืœ ืœืžื–ื•ืŸ ื”ืืฉื” ื•ื”ื‘ื ื•ืช:

ื•ืžื™ืื•ื ื™ืŸ. ืฉื›ื•ืชื‘ื™ื ื‘ืฉื˜ืจ ื‘ืคื ื™ื ื• ืžื™ืื ื” ืคืœื•ื ื™ืช ื‘ืคืœื•ื ื™ ื‘ืขืœื”. ื•ื‘ืงื˜ื ื” ืฉื”ืฉื™ืื•ื” ืืžื” ื•ืื—ื™ื” ืฉืื™ื ื” ืฆืจื™ื›ื” ื’ื˜:

ืฉื˜ืจื™ ื‘ื™ืจื•ืจื™ืŸ. ื–ื” ื‘ื•ืจืจ ืœื• ืื—ื“ ื•ื–ื” ื‘ื•ืจืจ ืœื• ืื—ื“ ืฉื™ื“ื•ื ื• ืœื”ื:

ืžืฆื. ืฉื˜ืจื•ืช:

ื‘ื—ืคื™ืกื”. ื—ืžืช ืฉืœ ืขื•ืจ ืงื˜ื ื”:

ื‘ื“ืœื•ืกืงืžื. ื›ืœื™ ืขื•ืจ ืฉื”ื–ืงื ื™ื ืžืฆื ื™ืขื™ื ื‘ื” ื›ืœื™ ืชืฉืžื™ืฉื ืฉืœื ื™ืฆื˜ืจื›ื• ืœื—ืคืฉ ืื—ืจื™ื”ื:

ืชื›ืจื™ืจ ืฉืœ ืฉื˜ืจื•ืช. ืฉืœืฉื” ืฉื˜ื“ื•ืช ืื• ื™ื•ืชืจ ื›ืจื•ื›ื™ืŸ ื–ื” ื‘ื–ื”:

ืื’ื•ื“ื”. ืžื•ืฉื›ื‘ื™ื ื•ื” ืขืœ ื–ื”, ืืจื‘ื• ืฉืœ ื–ื” ืขืœ ืืจื›ื• ืฉืœ ื–ื”:

ื”ืจื™ ื–ื” ื™ื—ื–ื™ืจ. ื“ื“ื‘ืจ ืฉื™ืฉ ื‘ื• ืกื™ืžืŸ ื”ื•ื, ืฉื”ื›ืœื™ ืกื™ืžืŸ ื›ืฉื™ืืžืจื• ื”ื‘ืขืœื™ื ื‘ื›ืœื™ ืคืœื•ื ื™ ืžืฆืืช ืื•ืชื. ื•ื›ืŸ ืชื›ืจื™ืš ื•ืื’ื•ื“ื” ืกื™ืžืŸ ื”ื•ื:

ืื—ื“ ื”ืœื•ื” ืžืฉืœืฉื”. ืื ืฉืœืฉื” ืฉื˜ืจื•ืช ืฉืœ ืœื•ื” ืื—ื“ ื”ืŸ ืฉืœื•ื” ืžืฉืœืฉื” ื‘ื ื™ ืื“ื. ื™ื—ื–ื™ืจื ื”ืžื•ืฆื ืœืœื•ื”, ื“ื•ื“ืื™ ืžื™ื“ื• ื ืคืœื•, ืฉืื ืžื™ื“ื ื ืคืœื• ืžื™ ืงื‘ืฆื ืœืžืงื•ื ืื—ื“. ื•ื“ื•ืงื ืฉื”ืฉื˜ืจื•ืช ืžืงื•ื™ืžื™ื ื‘ื‘ื™ืช ื“ื™ืŸ. ืื‘ืœ ืื ืื™ื ื ืžืงื•ื™ืžื™ื ื—ื™ื™ืฉื™ื ืŸ ื“ืœืžื ืœืงื™ื™ืžื™ื ื”ื• ื”ื•ืœื™ื›ื•ื ืฉืœืฉื” ื”ืžืœื•ื™ื ืืฆืœ ืกื•ืคืจ ื”ื“ื™ื™ื ื™ื ื•ื ืคืœื• ืžื™ื“ ื”ืกื•ืคืจ. ื•ืื™ืŸ ืœื—ื•ืฉ ืฉืžื ืœืื—ืจ ืฉืงื™ื™ืžื• ืื•ืชื ื ืคืœื• ืžื™ื“ ื”ืกื•ืคืจ, ื“ืœื ืžืฉื”ื™ ืื™ื ื™ืฉ ืงื™ื•ืžื™ื” ื‘ื™ื“ื ื“ืกืคืจื. ื•ืื ืฉืœืฉื” ืœื•ื™ื ื”ื, ืฉืœื•ื• ืžืื“ื ืื—ื“. ื™ื—ื–ื™ืจื ื”ืžื•ืฆื ืœืžืœื•ื” ืฉื”ื“ื‘ืจ ื™ื“ื•ืข ืฉืžืžื ื• ื ืคืœื•. ื•ืื ื”ื™ื• ืฉืœืฉืชืŸ ื›ืชื™ื‘ืช ืกื•ืคืจ ืื—ื“, ื—ื™ื™ืฉื™ื ืŸ ืฉืžื ืžื™ื“ ื”ืกื•ืคืจ ื ืคืœื• ื•ืœื ืœื•ื• ืžืขื•ืœื, ื•ืœืคื™ื›ืš ืœื ื™ื—ื–ื™ืจ:

ืžืฆื ืฉื˜ืจ ื‘ื™ืŸ ืฉื˜ืจื•ืชื™ื• ื•ืื™ื ื• ื™ื•ื“ืข ืžื” ื˜ื™ื‘ื•. ืืฆืœื•. ืื ื”ืœื•ื” ื”ืคืงื™ื“ื• ืืฆืœื• ืื• ื”ืžืœื•ื”, ืื• ืฉืžื ืžืงืฆืชื• ืคืจื•ืข ื•ืžืกืจื•ื”ื• ืœื• ืœื”ื™ื•ืช ืฉืœื™ืฉ ื‘ื™ื ื™ื”ื:

ื™ื”ื ืžื•ื ื—. ื‘ื™ื“ื•, ื•ืœื ื™ื—ื–ื™ืจ ืœื ืœื–ื” ื•ืœื ืœื–ื”:

ืื ื™ืฉ ืขืžื”ืŸ ืกืžืคื•ื ื•ืช. ื”ืžื•ืฆื ื‘ื™ืŸ ืฉื˜ืจื•ืชื™ื• ืฉื•ื‘ืจ ืฉื ื›ืชื‘ ืขืœ ืื—ื“ ืžืฉื˜ืจื•ืชื™ื•:

ื™ืขืฉื” ืžื” ืฉื‘ืกืžืคื•ืŸ. ื•ื”ืฉื˜ืจ ื‘ื—ื–ืงืช ืคืจื•ืข. ื•ืืขืดืค ืฉื”ื™ื” ืจืื•ื™ ืœืฉื•ื‘ืจ ื”ื–ื” ืœื”ื™ื•ืช ืžื•ื ื— ื‘ื™ื“ ื”ืœื•ื” ื•ืœื ื‘ื™ื“ ื”ืžืœื•ื”, ืืžืจื™ื ืŸ ื”ืืžื™ื ื• ื”ืœื•ื” ืœืžืœื•ื”. ื•ืืžืจ ืœืžื—ืจ ืชื ื”ื• ืœื™ ื•ืฉื›ื—. ื•ื”ื•ื ืฉืžืฆื ื”ืžืœื•ื” ื”ืฉื˜ืจ ื”ื–ื” ืฉื ื›ืชื‘ ืขืœื™ื• ื”ืฉื•ื‘ืจ, ื‘ื™ืŸ ื”ืฉื˜ืจื•ืช ืงืจื•ืขื™ื, ืืขืดืค ืฉืœื ื ืงืจืข: