brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
The proceeds of the sale of an Aveidah may be used by the finder according to R. Tarfon and therefore if the money is lost he is responsible for them.
R. Akiva holds that he may not use the money and therefore if the money is lost he is not responsible for them.
R. Huna says that even R. Tarfon only allows a person to use money that was attained from the proceeds of the sale of an Aveidah, but if one finds money he does not have the right to use it. (1)
Rabah holds that a Shomer Aveidah has the status of a Shomer Chinam and he is Patur for Geneivah and Aveidah.
R. Yosef holds that a Shomer Aveidah has the status of a Shomer Sachar and he is Chayav for Geneivah and Aveidah. (2)
If someone finds a Sefer he shall read from it once every thirty days, but he may not read from a section that he has not read before and he may not read together with another person. (3)
If he doesn't know how to read he should roll the Sefer from the beginning until the end every thirty days.
If someone finds a garment he should shake it out it out every thirty days and hang it up for the benefit of the garment, but he should not hang it up for his own honor.
If someone finds silver or copper utensils he should use them for the benefit of the utensil but he should not wear them out. (4)
If gold or glass utensils are found they should not be touched until the arrival if Eliyahu ha'Navi.
If a person finds a sack or a box which is below his dignity to carry he should not pick it up.
Shmuel says if someone finds Tefilin in the market he should sell them immediately and hold on to the money because it will be easy for the owner to purchase another pair.
If someone borrows a Sefer Torah he should not lend it out to others and he should not read from a new section that he has never read and he should not read the same section together with another person.
He should not read from a borrowed Sefer Torah the same Parshah twice and he should not read a Parshah together with the Targum and he should not open it more than three columns and he should not read together with two other people even if they are reading different sections.
A person who is given a Sefer Torah to guard should roll it every twelve months according to the Tana Kama and he may read from it when he rolls it but he may not open it up in order to read from it.
Sumchus says someone who receives a new Sefer Torah to guard should roll it every thirty days and if he receives an older one he should roll it once every twelve months.
R. Eliezer Ben Ya'akov says even if he receives a new Sefer Torah he should roll it every twelve months.
Reish Lakish says that Rebbe stated that a borrower may not lend out to others and a renter may not rent out to others.
A BIT MORE
1. When a person takes care of an Aveidah for a period of time and than he sells it since he put effort into the Aveidah he has the right to use it according to R. Tarfon, but if one finds money since he put no effort into it he may not use it.
2. R. Yosef holds that since guarding an Aveidah is a Mitzvah and someone who is occupied in a Mitzvah is Patur from any other Mitzvah which comes his way consequently if a poor person comes along he is Patur from giving him money therefore he is considered a Shomer Sachar.
3. A Sefer that is made of rolled up parchment will get moldy if it is not opened up for a long period and therefore he should read from it but he may not read from a section that he has never read because he will keep it open for too long and he may not read together with another person because one will pull it one way and the other will pull it the other way and it may rip.
4. When a person finds utensils he should store them in the ground because that is the best way to guard them but silver and copper utensils will rust if they are kept in the ground for too long and therefore he should take them out on occasion and use them.
A BORROWED SEFER
If someone borrows a Sefer Torah he should not lend it out to others and he should not read from a new section that he has never read before. The Ramban says only with regards to Torah, Nevi'im and Kesuvim it is forbidden to read from a new section because someone who is familiar with the Pesukim read through it quickly, while someone who is it familiar with it reads it slowly and may end up tearing it, however if someone borrowed a Gemara there is no difference whether he read the section before or not because each time a person learns it requires much toil and effort. Consequently, it is permitted to read even a section that he has never read before.
PROCEEDS OF A SALE
What should be done with proceeds of the sale of an Aveidah? It shall be given to the finder who has the right to use it and therefore if an Ones occurs he is Chayav to pay even if he didn't use the money. Since he has the right to use the money he has the status of a Sho'el and he must pay for Onsim. However, he only has the right to use the proceeds of the sale of an Aveidah, since he took care of the Aveidah he has the right to use the money, but if he found money he doesn't have the right to use it therefore if it gets lost b'Ones he is Patur because he only has the Din of Shomer Sachar and he is Patur for Onsim. All of those days that a finder of a Metzi'ah takes care of the Aveidah before it is sold by the Beis Din if he fed the animal from his own money he takes his expenses from the owner without a Shevu'ah of a Tikun ha' Olam. (Shulchan Aruch CM 267:25, 26)
Next Daf Index to Revach for Maseches Bava Metzia