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BAVA METZIA 30(2 Sivan) - This Daf has been dedicated in memory of Harry Bernard Zuckerman, Baruch Hersh ben Yitzchak (and Miryam Toba), by his children and sons-in-law.
If someone finds a garment he should hang it up for the benefit of the garment, but he may not hang it up for his own honor.
It is a Safek if the garment may be hung up for the benefit of both garment and the honor of the finder.
The garment should be hung up on a bed or a post only for the benefit of the garment and if he is hosting guests he should not hang it up even for the benefit of the garment. (1)
If an Eglah Arufah is put into a collar with other calves and the owner did not intend that it shall thresh if it threshes it is Kosher. (2)
If he intended that the Eglah Arufah shall nurse and also thresh if it threshes it is Pasul.
If a bird rests on a Parah Aduamah it is Kosher but if it is mounted by a male it is Pasul. (3)
If a person finds wooden utensils he should use them so that they don't rot, if he finds copper utensils he should use them in hot water but not on the fire because it will get rubbed out.
If he finds silver utensils he should use them with cold water but not with hot water because it blackens them.
If he finds shovels or pickaxes he should use them for soft materials but not for hard materials.
If he finds gold utensils or glassware he should not touch them until the arrival of Eliyahu ha'Navi.
If someone is given a Pikadon and the owner traveled overseas the Pikadon shall be treated just like an Aveidah.
A Kohen who sees an Aveidah in a cemetery may not return it because the Aseh of returning an Aveidah does not supersede the prohibition of Tum'ah for a Kohen. (4)
A Mitzvos Aseh does not supersede a Mitzvas Lo Sa'aseh if there is also a Mitzvas Aseh.
If a person is occupied in his work and if he takes off from work to pick up a Metzi'ah he stands to lose more money than the Metzi'ah is worth he is not obligated to pick it up.
A Zaken is not obligated to pick up a Metzi'ah if it is beneath his dignity to pick up.
If a Zaken hits a lost animal in order to prompt it to move he is obligated to return it even though it is beneath his dignity since he started returning it.
If a Zaken finds a Metzi'ah in the field and it is not beneath his dignity to pick it up in the field, but it is beneath his dignity to bring it to the city it is a Safek if he is obligated to return it. (5)
A Zaken is obligated to return a Metzi'ah if he would have picked it up if it belonged to him.
A person is obligated to fulfill the Mitzvah of unloading or loading his friend's animal if he would do it if it belonged to him.
Beis Shamai says that if someone is Mafkir an item just for the poor it is Hefker, while Beis Hillel holds it is only Hefker if he is Mafkir for both the poor and rich.
A person is obligated to teach his children a means for a livelihood, to occupy himself in Gemilas Chasadim, visit the ill, bury the dead and engage in Din and to exceed the letter of the Din.
A person is obligated to visit the ill even if the sick person was born in his Mazal and he will take 1/60th of the illness and he is obligated to bury the dead even if he is a Zaken and it is beneath his dignity.
The destruction of Yerushalayim was a result of the fact that the residents acted with Din and did not exceed the letter of the Din.
If a cow or donkey is found grazing on the road it is not an Aveidah, but if the donkey is turned over and the cow is running between vines it is an Aveidah. (6)
If a person returns a lost animal and it runs away again even if this repeats itself four of five times he is obligated to return it.
If a person must take off from his work in order to return a Metzi'ah he is paid the sum that a worker would be willing to take to be idle from his work and return a Metzi'ah instead.
If there is a Beis Din and he makes a condition that he is only returning the Metzi'ah on condition that he receives his full pay it is a valid condition. (7)
A BIT MORE
1. Because of the concern that it will be stolen or it will create an Ayin ha'Ra.
2. An Eglah Arufah which does work is Pasul but only in this case since the owner did not intend for it do work and he is not pleased with the work it is Kosher.
3. A Parah Adumah which does work is Pasul that the owner is happy with is Pasul and the owner is not happy that a bird rested on it but he is happy that a male mounted it..
4. The prohibition of a Kohen to become Tamei includes both an Aseh and a Lo Sa'aseh and an Aseh doesn't supersede am Aseh and a Lo Sa'aseh. Even though the Mitzvah of returning an Aveidah includes a Mitzvas Lo Sa'aseh as well, however only a Mitzvas Aseh supersedes another Mitzvah not a Mitzvas Lo Sa'aseh.
5. Maybe since it is beneath his dignity to bring it to the city he is not obligated to pick it up at all, or maybe since it is not beneath his dignity to pick it up in the field he is obligated to pick it up and once he picks it up he is obligated to return it even though it is beneath his dignity to bring it to the city.
6. If the donkey or cow was grazing on the road at night it is an Aveidah, and if it was grazing at twilight and at dawn three straight days it is also an Aveidah.
7. If there is no Beis Din and he doesn't want to be idle from his work and lose some of his pay he is not obligated to return the Aveidah because his own money comes first.
If a bird rests on a Parah Adumah it is Kosher but if it is mounted by a male it is Pasul. Tosfos asks why the Parah Adumah Pasul is if he is a male mounts on it. Certainly the owner is not pleased that he is losing a very valuable Parah for the little benefit that he receives from the male mounting on. Tosfos answers that since if the Parah Adumah would not be Pasul as a result of the male mounting on it he would be pleased that a male mounted on it and therefore we can't be Machshir the Parah.
BENEATH THE DIGNITY
If a sack or a box is found by a Chacham or a Zaken who would not normally carry these type of utensils in his hand he is not obligated to return it. He must consider whether if it belonged him if he would pick it up and if he would pick it up he is obligated to return t, however if he would not be Mochel on his honor even if it belonged to him he would not have to return it. If he normally would return if in the field but not in the city if he finds it in the city he is not obligation to return it but if he finds it in the field he must return it to the owner even though it entails bringing it into the city. However according to some opinions he is only obligated to bring it to the city line and than he may put it down. So too, if he finds an animal and he hits it he must take care of it and return it even if it is not honorable for him since he started the Mitzvah. Someone who goes in a good and just path and exceeds the letter of the law returns an Aveidah even though it is not honorable for him. Other opinions disagree and they hold that he may not return it if it is not honorable him however if he wants to exceed the letter of the law he should pay for it. (Shulchan Aruch CM 263:1, 2)
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