Babylonian Talmud

Rodkinson 1918 — source 11, scan section 53

by the buyer. If one party testifies to the length, and another * In the text it is not mentioned that Rabha is the author of this phrase, but it is the continuation of R. Saphra. Rashi, however, has corrected Rabha, for a reason which is not known to us ; we see, however, some more corrections of Rashi, in this so complicated a discussion ; and notwithstanding this, it is very difficult to find out the real meaning of it. We have tried to make it in some way understood to the teader ; still we are not sure whether it is correct, and would be very glad if some •ne should translate It in a better way ; to omit this all, would be against our method. 62 THE BABYLONIAN TALMUD. party to the width, the length has preference, as the width can be assumed by seeing the article when it was used. If one testifies to the length and the width, and another one testifies to the square, the former has the preference; the square and the weight, the latter has the preference. If the husband claims that the written divorce was dropped by him before it was de- livered to his wife, and proclaims certain marks, and she claims it was dropped by her after she received it (consequently she is single and can marry), she has the preference (because if she had not received it, how could she know the marks?). However, the marks must be not in length and width, as she could see it before it was given to her, but a mark such as a hole in such and such letter of it. If the marks were the very same given by him and her concerning the length of the thread upon which the divorce was put, she has the preference. . If both claim that it was in the x^4'^ (^ kind of small case), he has the preference, because it is well known to her that the entire contents of it he has placed there. MISHNA VII. : Until what time is he obliged to proclaim ? Until his neighbors are aware of it; so is the decree of R. Meier. R. Jehudah, however, says: " All the three festivals (Passover, Pentecost, and '1 abernacles), an ' after the latest festival seven days, that the loser should be able to go home three days and return three days, and one day for the proclaiming of his loss. GEMARA: A Boraitha in addition to the Mishna, which states " the neighbors of the lost article." How is it to be understood ? Does it mean that the neighbors knew who lost the article ? Let them go and return. Therefore it must be said that it means the neighbors of the place where the lost thing was found. *' R. Jehudah said,'' etc. There is a contradiction in the following: On the third of Mar Cheshvan they pray for rain. R. Gamaliel said: " On the seventh of it, which is the fifteenth after the festival, for the purpose that the last of the inhabi- tants of Palestine shall havr reached Euphrates." (Hence we see that seven days were needed for each tour.) Said R. Joseph: "This presents no difficulty. The cited Bo- raitha speaks of the first temple, of which it is written [I Kings, iv.] : ' Judah and Israel were numerous as the sand which is by the sea in multitude,' then fifteen days were needed; in the second temple, however, of which it is written [Ezra, ii. 64] : The whole congregation together was forty and two thousand TRACT BABA METZIA (MIDDLE GATE). 63 three hundred and sixty,' etc., seven days are sufficient." Said Abayi to him : " Is it not written [Nehemiah, vii. 73] : * So the priests and the Levitcs,' etc., and also [Ezra, ii. 70]: * And the singers and the gatekeepers ... in their cities'? and as it was so, the reverse of your theory should be held. In the first temple, then the people were very numerous, and caravans were going to and fro, day and night ; not so much time was necessary as in the second temple, when caravans were not so frequently travelling and not in night-time." Said Rabha: " There is no difference between the first and second temple concerning a lost thing. The rabbis did not like to cause too much trouble to anyone." Said Rabbina: " Infer from this that the finder must proclaim the kind of the garment he has found, for if he has only to proclaim a lost article, one day would be added to the loser for searching for his garments, to see what was missing. Infer from this that so it is." Rabha, however, says: "Nothing is to be inferred from this. The rabbi did not like to cause too much trouble, as stated above." The rabbis taught: "The first festival, the proclaimer must say: This is the first feast for my proclamation, and on the sec- ond he must say this is the second, and on the third he need say nothing (and this will mark that it is the third time)." The rabbis taught: " Formerly each finder used to proclaim on all three festivals, etc., as stated above; however, since the de- struction of the Temple [which we hope will be rebuilt soon in our days], the sages enacted that it shall be proclaimed in the synagogues and houses of learning, and since oppressors have increased, it was ordered that the finder should notify his neigh- bors and friend, and he is quit." What is to be understood by the expression "oppressors" ? They who claim that all lost articles belong to the government. R. Ami happened to find a purse with dinars in the presence of a Roman, and he was afraid to take it. The Roman, however, said to him. You may take it for yourself; we are not Persians, who say that a lost article belongs to the government. The rabbis taught: "A certain stone was in Jerusalem, and every one who had lost anything would go there, and the same did the finders. The one used to proclaim, and the loser would give the marks of the article lost, and if correct, he took it; and this is what we have learned in Tract Taanith concerning Chouna, who said, Go and see if the certain stone is covered by rain. 64 THE BABYLONIAN TALMUD. MISHNA VIII. : If one identifies the article, but not its marks, it must not be delivered to him ; and if the claimant is known to be a swindler, even if he gives marks, as it is written [Deut. xxii. 2], " until thy brother inquire after it," which means until you shall investigate whether he is thy brother or a swindler. GEMARA: It was taught: R. Jehudah said: An article, but not the kind of it, must be proclaimed, as swindle is to be feared. R. Na'hman, however, said : He proclaims also the kind of article, for if swindle is to be feared, there will be no end of the matter. An objection was raised from our Mishna, which states, "if he identifies the article without its marks," etc. ; this would be correct if an article bilt not the kind is pro- claimed. Then the Mishna comes to teach that even if he iden- tified the article, it must nevertheless not be delivered until he gives the marks; but if, as you say, he proclaims the kind of