1)THINGS THAT MUST BE ANNOUNCED
(a)(Mishnah): The following must be announced: Peros found in a Kli, an empty Kli, coins in a wallet or an empty wallet, bunches of Peros or coins, three coins on top of each other, bundles of sheaves in a Reshus ha'Yachid, loaves (not of a baker), shearings from the dyer's store, and barrels of wine or oil.
(b)(Gemara) Inference: One must announce Peros found in a Kli and coins in a wallet. If they were found in front of the Kli or wallet, he keeps (the Peros or coins, even if the Kli or wallet has a Siman)!
(c)Our Mishnah teaches like the following Beraisa.
1.(Beraisa #1): If one finds Peros in front of a Kli or coins in front of a wallet, he keeps them;
2.If some of the Peros or coins are in the Kli or wallet and some are on the ground, he must announce.
(d)Contradiction (Beraisa #2): If one finds something with a Siman next to something without a Siman, he must announce (both).
1.If someone gave the Siman (and said that the other object is not his), the finder keeps the other object.
(e)Answer #1 (Rav Zvid): The Mishnah (and Beraisa #1) permits keeping flax found near a barrel, or coins near a wallet. They could not have come from the barrel or wallet, for surely some would have remained inside;
1.Beraisa #2 discusses Peros that could entirely spill out of the Kli.
(f)Answer #2 (Rav Papa): Both discuss Peros found in front of a Kli. We assume that the Kli has a rim (like most do) that would keep some of the contents inside.
1.In the Mishnah, nothing remains in the Kli. In Beraisa #2, some remains inside.
(g)Answer #3: In both cases, nothing remains inside. In Beraisa #2, the mouth of the Kli faces the Peros (so presumably, the Peros came from the Kli). In the Mishnah, the mouth faces away.
(h)Answer #4: In both cases, nothing remains inside, and the mouth of the Kli faces the Peros. In the Mishnah, the Kli has a rim. In Beraisa #2, it does not.
(i)(Mishnah): Bunches of Peros or coins (must be announced).
(j)Inference: This teaches that number is a Siman (for they have no other Siman)!
(k)Rejection: No, the Mishnah refers to one bunch of Peros. The Siman is the place it was found.
(l)Inference: This teaches that place is a Siman!
(m)Rejection: Perhaps the Mishnah refers to bunches of Peros, and the Siman is the number.
(a)(Mishnah): Three coins on top of each other (must be announced).
(b)(R. Yitzchak Migdala'ah): This is only if they are stacked like a tower. If not, he keeps them.
(c)Support (Beraisa): If one found scattered coins, he keeps them. If they are stacked like towers he must announce them;
1.A tower is three coins on top of each other.
(d)Question: First, the Beraisa permits scattered coins. This implies that if they overlap at all, he must announce them. Then it says that if they are stacked like towers, he must announce them. This implies that if they merely overlap, he keeps them!
(e)Answer: If they are not like a tower, the Tana calls this scattered.
(f)(R. Chanina): This is only if there are of three different kings. If they are of the same king, he need not announce them.
(g)Question: What is the case?
1.If they are like a tower, even if they are of the same king, he must announce them!
2.If they are not like a tower, even if they are of different kings, he need not announce them!
(h)Correction: Rather, he must announce them only if they are of one king, but are like of three different kings (they are different sizes).
(i)Question: What is the case?
(j)Answer: They are like a pyramid. The widest is on bottom, the next widest is over it, and the narrowest is on top. Surely he placed them this way;
1.If they are like coins of one king, i.e. they are all the same width, he does not announce them. We suppose that he did not place them; they happened to fall that way.
(k)(R. Yochanan): Even if they are (like) of the same king, he must announce them.
(l)Question: What does he announce?
(m)Answer #1: He announces the number that he found.
(n)Rejection: If so (the finder need not say how many he lost), even if he found two, he should announce them!
(o)Answer #2 (Ravina): Rather, he announces that he found coins.
(p)Questions (R. Yirmiyah): What is the law in the following cases: he found them in a circle; in a row; in a triangle; like steps?
(q)Answer (regarding steps): Rav Nachman taught that if one can move them all at once using a chip of wood, he must announce them.
(r)Question (Rav Ashi): If they are arranged like the idol Markulis (this will be explained), what is the law?
(s)Answer (Beraisa): If one found scattered coins, he keeps them. If they are arranged like Markulis, he must announce them;
1.Markulis is two stones near each other, and a third resting partially on each of the two.
(t)(Beraisa): If Reuven found a Sela in the market, and Shimon said 'it is mine. It was new', 'Niron Kaiser's name was on it', or 'it was of King Ploni', he does not get it;
1.Even if Shimon's name was on it, he does not get it, for Simanim do not help for coins.
2.Perhaps he spent it, and someone else dropped it!
3)ONE WHO FINDS CHICKS
(a)(Mishnah): If one finds tied chicks in back of a fence, or on a path in a field, he leaves them there.
(b)If one finds a Kli in the waste heap, if it is covered, he leaves it. If it is exposed, he takes and announces it.
(c)(Gemara) Question: Why does he leave it?
(d)Answer: We assume that someone left it there. If the finder would take it, the owner will not find it, and perhaps he does not have a Siman!
(e)Question: The knot should be a Siman!
(f)Answer (R. Aba bar Zavda): They are tied by their wings. Everyone ties them this way.
(g)Question: The place they were found should be a Siman!
(h)Answer (Rav Ukva bar Chama): They can walk slowly.
(i)Question: If so, perhaps they came from afar. The finder should keep them!
(j)Answer: Perhaps they came from afar, and perhaps they were placed there;
1.Whenever there is a Safek if something was placed, one may not take it. If he took it, he does not put it back.
4)THINGS FOUND IN A WASTEHEAP
(a)(Mishnah): If one finds a Kli in the waste heap, if it is covered, he leaves it. If it is exposed, he takes and announces it.
(b)Contradiction (Beraisa): If one finds a Kli covered in the waste heap, he takes and announces it, for waste heaps are often cleared out. (If he leaves it, the item will perish!)
(c)Answer #1 (Rav Zvid): If one finds a wine flask or cup, it was put there intentionally, so he should leave it. A knife or small fork was presumably lost or thrown out, so he takes it.
(d)Answer #2 (Rav Papa): Both refer to a wine flask or cup. If the waste heap is often cleared out, he takes it. If the waste heap is not often cleared out, he leaves it.
(e)Question: If it is often cleared out, the owner knowingly threw it out to be lost!
(f)Answer #3 (Rav Papa): Rather, he takes it if the waste heap is not normally cleared out, and they reconsidered to clear it out.
1.This explains the expression of the Beraisa 'for waste heaps are often cleared out.'
(g)Question: According to Rav Zvid, what does this mean?
(h)Answer: It is common to (accidentally) clear out small Kelim to waste heaps.
5)THINGS FOUND IN A WALL
(a)(Mishnah): One may keep things found in a rock pile or an old wall.
(b)If something was found in (a hole in) a new wall (between Reuven's property and Reshus ha'Rabim (a public road):
1.If it was in the half facing Reshus ha'Rabim, the finder keeps it;
2.If it was in the half facing Reuven's premises, Reuven gets it.
(c)If Reuven rented his house to others, one may keep what he finds even in the house.
(d)(Gemara - Beraisa): (In an old wall) the finder keeps it, because he can say that it was from Kena'anim (from before Bnei Yisrael entered Eretz Yisrael with Yehoshua).
(e)Question: Why may he say so? Perhaps a Yisrael owned the wall and left it inside!
(f)Answer: They are very rusted. (No one leaves things so long.)