I had a Q on Perek Eilu Metzios
The Gemara on 26b in the middle of the Amud writes that a person who ignores something that the owner dropped only transgresses the prohibition of Lo Suchal l'Hisalem. From this it appears he has not been Mevatel the Mitzvas Aseh of Hashev Teshivem. (I'm pretty sure the Tosfos Ha'Rosh also writes that the Mitzvah is only when the finder picks it up).
However The Gemara on 30a at the bottom, when speaking about Aseh Docheh Lo Ta'aseh seems to learn Hashev Teshivem to be the Aseh - even before the person picks it up.
What is Pshat?
If you can answer me I would greatly appreciate it.
Thank you
Rueven Naftali
Rueven Naftali, United States
Reuven, Baruch she'Kivanta! Your question is asked by the Rishonim!
1) The Chidushei ha'Ramban (30a, DH Kra) also agrees to the logic of the Tosfos ha'Rosh that the finder only transgresses Hashev Teshivem if he picks it up.
2) The Ramban writes at length on the Sugya, and one of the answers he gives is that even though he has not transgressed the Mitzvah of Hashev Teshivem until it comes into his hands, but if he does return the Aveidah it is considered that he has fulfilled the Mitzvah of Hashev Teshivem. So, even though we are dicussing a Kohen in a cemetery who has not yet picked up the lost item, he nevertheless does already have a potential Mitzvah in front of him.
The distinction, then, is between annulling a positive Mitzvah, which applies only if the Aveidah is in his hand, and fulfilling a Mitzvas Aseh, which is present immediately.
3) The Nimukei Yosef (30a, printed on 16a of the pages of the Rif, 6 lines before the wide lines in the older editions) also asks this question: as long as he has not picked up the Aveidah, such as the Kohen in the cemetery, he does not transgress Hashev Teshivem, so why does the Gemara (30a) say that there is an Aseh?
The Nimukei Yosef answers in the name of "RaNbaR" (better known as the Ran) that if one sees a lost item and walks away, he thereby transgresses both an Aseh (Hashev Teshivem) and a Lo Ta'aseh (Lo Suchal l'His'alem). The reason why the Gemara (26b) states that if one waits until the owners had Yi'ush he only transgresses Lo Suchal l'His'alem, is that to start off with, one guarded the Aveidah. One could still have returned the Aveidah and the only reason he did not do so was because the owners later had Yi'ush. This means it was the owners who prevented Hashev Teshivem from being fulfilled, not the finder. If one sees an Aveidah and does not take it immediately, since one is still guarding it one has not yet transgressed the Aseh.
To summarize, there are two ways of annuling Hashev Teshivem: either by picking up the Aveidah and not returning it, or by seeing the Aveidah and deliberately walking away. On 30a, one did not pick up the Aveidah but one did purposely walk away, making no attempt to guard the Aveidah.
Chag Matan Torah Same'ach,
Dovid Bloom