1)WHEN A CHACHAM MAY LIE
(a)(Rav Yehudah): Chachamim may lie to cover up three things: (knowing) a tractate, bed (when they had Bi'ah), and (a host who gave to him good) hospitality (lest unfitting people flock to the host).
(b)Question: What is the significance of this teaching?
(c)Answer (Mar Zutra): One who lies only about these three things is considered a Chacham to whom we return an Aveidah if he recognizes it.
(d)A silver cup was stolen from Mar Zutra Chasida's host. He noticed a Talmid drying his hands on someone else's garment. He reasoned that if the Talmid does not mind using another's property, he is the thief. He confronted him, and the Talmid confessed.
2)WHAT R. SHIMON BEN ELAZAR PERMITS
(a)(Beraisa): R. Shimon ben Elazar agrees that if one found new Kelim that people recognize, he must announce them.
(b)The following Kelim, when new, are not recognized: Badei (sticks from which stick out) needles or hooks, or a string of forks (for weaving gold).
(c)These are permitted when only one is found. If two are found, he must announce them.
1.'Badei' means branches, like a Mishnah teaches (that the minimum requirement for willow branches is) one leaf on each Bad (branch).
(d)(Beraisa #1 - R. Shimon ben Elazar): One may keep the following: what he saves from a lion, bear, leopard, polecat, what was taken by a high tide or an overflowing river, and what he finds in a big encampment or thoroughfare, or any place where many people pass;
1.This is because the owner despairs.
(e)Question #1: Did R. Shimon ben Elazar say this only in a city that is mostly Nochrim, or even in a city that is mostly Yisre'elim?
1.Question #2: If he said so even in a city that is mostly Yisre'elim, do Chachamim disagree?
2.Question #3: If Chachamim disagree, is this only in a city that is mostly Yisre'elim, or even in a city that is mostly Nochrim?
3.Question #4: If you will say that Chachamim argue even in a city that is mostly Nochrim, does the Halachah follow R. Shimon?
4.Question #5: If you will say that the Halachah follows R. Shimon, is that only in a city that is mostly Nochrim, or even in a city that is mostly Yisre'elim?
(f)Answer #1 (to Question #1 - Beraisa #2): If one finds coins in a Beis Keneses, Beis Medrash or any place where many people go, he may keep them, because the owner despairs.
1.The Tana must be R. Shimon ben Elazar, who follows the Rov (Rashi - he permits in places where many pass), and he permits even in a Beis Keneses, where mostly Yisre'elim go! (Our Gemara supports Rashi, for it learns from Beraisa #1 that R. Shimon follows the Rov, and Beraisa #1 does not mention a majority, only places where many pass. However, Tosfos explains 'follows the Rov, i.e. majority,' in its normal context. Answer #2 below supports this. Perhaps our Gemara understands that he permits in places where many pass because he follows the majority regarding Metzi'os.)
(g)Rejection #1: The case is, the coins are scattered. (Even Chachamim in our Mishnah permit this.)
(h)Objection: The Tana permits only in a place where many people go!
(i)Rejection #2: Really, the coins are wrapped together. The Beraisa refers to a Beis Keneses (meeting place) of Nochrim.
1.Question: The Beraisa permits also in a Beis Medrash. How can we answer that?
2.Answer: It is a Beis Medrash of Yisre'elim, but Nochrim stay in it (to guard it. Rashba - the Nochrim are considered the majority, for they live there and search it.)
(j)Rejection #3: Also regarding a Beis Keneses, we can say that it is of Yisre'elim, but Nochrim stay in it.
(k)Answer #2 (to Question #1 - Mishnah): If one found an Aveidah in a city with Yisre'elim and Nochrim, if the majority are Yisrael, he must announce it. If the majority are Nochrim, he need not announce it;
1.The Tana must be R. Shimon, who follows the Rov, and he permits only when the majority are Nochrim!
(l)Rejection: No, the Tana holds like Chachamim.
(m)Answer (to Question #3): This shows that Chachamim admit to R. Shimon ben Elazar when the majority are Nochrim!
(n)Rejection #1: Really, the Tana is R. Shimon, and he permits even in a city that is mostly Yisre'elim;
1.In the Mishnah, the Aveidah was covered.
2.Question: If so, he may not touch it!
i.(Mishnah): If one finds a Kli in a waste heap, if it was covered, he may not touch it. If it was exposed, he takes it and announces.
3.Answer (like Rav Papa said elsewhere): It is a waste heap that is not frequently cleared out, and the owner decided to clear it out. (Therefore, even though it is covered, the finder takes it.)
(o)Rejection #2: Really, the Tana of the Mishnah holds like Chachamim. They did not say that when the majority is Nochrim it is his, just that he need not announce it;
1.If a Yisrael will give a Siman, he must return it to the Yisrael.
(p)Answer #3 (to Question #1 - Rav Asi): If one finds a barrel of wine in a city that is mostly Nochrim, he may keep it (regarding laws of Metzi'os), but he may not benefit from it (for it is probably wine of Nochrim);
1.If a Yisrael gives a Siman, the finder (keeps it and) may drink it.
2.This is like R. Shimon. He permits only when the majority are Nochrim!
(q)Rejection: Really, R. Shimon permits even when the majority are Yisre'elim. Rav Asi holds like R. Shimon only when the majority are Nochrim.
(r)Question: Since one may not benefit from it, why bother saying that he may keep it (regarding laws of Metzi'os)?
(s)Answer (Rav Ashi): He may use the Kli that it was in.
3)METZI'OS IN PUBLIC PLACES
(a)A man found four Zuz wrapped in a sheet and thrown in the river Biran. Rav Yehudah ruled that he must announce it.
(b)Question: This is like something taken by a high tide. (Surely, the owner despaired!)
(c)Answer: The river Biran is different. Since they dam it up, the owner would not despair.
(d)Inference: The majority of people there are Nochrim. This shows that the Halachah does not follow R. Shimon, even regarding a majority of Nochrim!
(e)Rejection: Most of the people who dam up the river and dig it out (to let the water flow) are Yisre'elim, therefore he does not despair.
(f)Question (Rav Yehudah): If one found a wallet in the market of shredded wheat, what is the law?
(g)Answer (Shmuel): He may keep it.
(h)Question (Rav Yehudah): If a Yisrael came and gave a Siman, what is the law?
(i)Answer (Shmuel): He must return it.
(j)Question: That contradicts the previous answer!
(k)Answer: He should go beyond the letter of the law and return it.
1.Shmuel's father found donkeys in the wilderness; he returned them to the owner after 12 months. This was beyond the letter of the law.
(l)Question (Rava): If one found a wallet in the market of shoemakers (some say, Chachamim), what is the law?
(m)Answer (Rav Nachman): He may keep it.
(n)Question (Rava): If a Yisrael came and gave Simanim, what is the law?
(o)Answer (Rav Nachman): The finder keeps it.
(p)Question: The loser is screaming that it is his!
(q)Answer: He is like one screaming over his house that burned or his ship that sank.
4)MEAT THAT WAS FOUND
(a)A vulture took meat from the market and deposited it among Bar Meryon's date trees. Abaye ruled that he keeps it.
(b)Inference: The majority of people in the area are Yisre'elim. This shows that the Halachah follows R. Shimon, even when the majority are Yisrael!
(c)Rejection: No, something taken by a vulture is like something taken by a high tide.
(d)Question: Rav said that meat that was not watched constantly is forbidden (lest it was switched with meat of Nochrim)!
(e)Answer: The case is, he was watching from when the meat was taken.
(f)R. Chanina found a slaughtered kid between Teveriyah and Tzipori.
1.Rabanan permitted him to keep it. This ruling was like R. Shimon;
2.Rabanan ruled that we assume that the slaughter was Kosher. This ruling was like R. Chananya, the son of R. Yosi ha'Glili.
i.(Beraisa - R. Yehudah): If one lost his kids and chickens, and found them slaughtered, they are forbidden;
ii.R. Chananyah permits them.
iii.Rebbi says, if they were found in the waste heap, the Halachah follows R. Yehudah. If they were found in the house, the Halachah follows R. Chananyah.
3.Since the slaughter was permitted, we must say that the city was mostly Yisre'elim, and R. Shimon permits even in this case!
4.Rejection (Rava): No. The city was mostly Nochrim. The slaughter was permitted because most of the slaughterers were Yisrael.
(g)R. Ami found slaughtered chicks between Teveriyah and Tzipori, and R. Yitzchak Nafcha found threads for twining ropes. R. Yochanan (or Rav Asi or Chachamim in the Beis Medrash) permitted them they were permitted them to keep them.