{"id":12695,"date":"2009-05-21T04:35:22","date_gmt":"2009-05-21T04:35:22","guid":{"rendered":"http:\/\/production.ou.org\/life\/other\/masechet_bava_metzia_27a33b\/"},"modified":"2016-11-28T10:24:44","modified_gmt":"2016-11-28T15:24:44","slug":"masechet_bava_metzia_27a33b","status":"publish","type":"post","link":"https:\/\/www.ou.org\/life\/torah\/masechet_bava_metzia_27a33b\/","title":{"rendered":"Masechet Bava Metzia 27a-33b"},"content":{"rendered":"

The Coming Week’s Daf Yomi by Rabbi Adin Steinsaltz<\/em><\/p>\n

This essay is based upon the insights and chidushim (original ideas) of Talmudic scholar Rabbi Adin Steinsaltz, as published in the Hebrew version of the Steinsaltz Edition of the Talmud.<\/em><\/p>\n

Bava Metzia 27a-b<\/u><\/strong><\/p>\n

What lost objects must be announced in an attempt to locate the owner and return it? The Mishnah<\/a> on our daf<\/em> reiterates the principle that we have seen – just like a garment (see Devarim<\/a> 22:3<\/a>) is something that has simanim<\/em> – unique characteristics that can be used to prove ownership – all things that have simanim<\/em> and whose owners will come to claim them, must be announced and returned.<\/p>\n

Our Gemara<\/a> asks whether the use of simanim<\/em> is Biblical or of Rabbinic origin. The Gemara explains that while even a rabbinic ordinance would obligate someone to return an ordinary object based on simanim<\/em>, whether or not the simanim<\/em> can be relied upon to return a get<\/em> – a divorce document – for example, would depend on whether simanim<\/em> are Biblical. If they are only Rabbinic, then we could not rely on them to allow a married woman to be considered divorced.<\/p>\n

The rishonim<\/a><\/em> explain that there are three different levels of simanim<\/em>:<\/p>\n

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  1. Simanim muvhakim<\/em> – clear, well established simanim<\/em>, e.g. “there is a hole next to a certain letter on the document”<\/li>\n
  2. Simanim emtza’iyim<\/em> – middle level simanim<\/em>, e.g. the length or weight of an object<\/li>\n
  3. Simanim klaliyim<\/em> – general simanim<\/em>, e.g. the color, or that something is “long” or “heavy”<\/li>\n<\/ol>\n

    According to most opinions, the halacha<\/a><\/em> is that Simanim muvhakim<\/em> are considered clear proof of an object’s ownership, even on a Biblical level, while Simanim klaliyim<\/em> are not considered to be reliable at all. The question in our Gemara is whether the Simanim emtza’iyim<\/em> – the middle-level simanim<\/em> – can also be relied upon on a Biblical level or only as a Rabbinic enactment, in which case they could be relied upon for most things, but not for questions of establishing personal status.<\/p>\n

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    Bava Metzia 28a-b<\/u><\/strong><\/p>\n

    We have established that in many cases, someone who finds a lost object is obligated to announce his find in an attempt to locate the owner and return the object. The first Mishnah<\/a> on today’s daf<\/em> asks how long must the finder persist in announcing his find? Rabbi Me’ir<\/a> rules that he must be sure to inform the local residents in the area where the object was found. According to Rabbi Yehuda<\/a> the finder must announce it at the Temple<\/a> in Jerusalem over a period of three pilgrimage festivals (regalim<\/em>) and then give people time to return to their homes to see if the object that was described was theirs and that it was missing.<\/p>\n

    Clearly this Mishnah describes a situation when the Temple was standing and there was an opportunity to announce information to the entire Jewish community. The baraitot<\/a><\/em> describe that during different historical periods, announcements were made according to the needs of the times:<\/p>\n