Bava Metzia - Daf 29
- The finder’s liability for the money of sold lost item
The Mishnah discussed the status of money where a lost item was sold for the owner’s benefit. Rebbe Tarfon said: ישתמש בהן – [the finder] may use it, לפיכך אם אבדו חייב באחריותן – therefore, if it is lost, he is responsible for it. Rebbe Akiva said he may not use it and is therefore not responsible if it is lost. This implies that the machlokes hinges on whether he has the right to use the money; otherwise, he would not be responsible for its loss. This appears to refute Rav Yosef’s view regarding a שומר אבידה – one who guards a lost item, where Rabbah said he is like a שומר חנם, and is not responsible for normal theft or loss, and Rav Yosef says he is like a שומר שכר (since he is exempt from giving tzedakah while caring for the lost item), and is liable!? Rav Yosef answers that both Tannaim agree he is responsible for גניבה ואבידה, and argue if he is liable for אונסין דשואל – unavoidable mishaps for which a borrower is liable. Rebbe Tarfon holds his permit to use the money renders him a שואל, and Rebbe Akiva holds he cannot use it, and so remains a שומר שכר.
- Caring for someone’s ספרים in his possession
The next Mishnah states: מצא ספרים – If one found books (i.e., scrolls), קורא בהן אחד לשלשים יום – he should read them once every thirty days to air them out. ואם אינו יודע לקרות גוללן – If he does not know how to read, he should roll them out. Still, he may not study a section in it for the first time, because it may be left open too long. Also, he may not learn from them with someone else, because they may pull it in different directions and cause it to tear. The Mishnah describes how to care for other found materials. A Baraisa teaches that one who borrows a sefer Torah may not lend it to another (although a mitzvah is being performed with it), and he may not study something in it for the first time, nor learn from it with someone else. If someone left a sefer Torah with his friend, he should roll it every twelve months. He may open and read it (i.e., when he is rolling it for its benefit), but not for his own purposes. Sumchos says a new sefer should be rolled every thirty days, and an old one, every twelve months. Rebbe Eliezer ben Yaakov says, according the Gemara’s later emendation, that all sefarim should be rolled every thirty days.
- When shaking out a garment is beneficial for it
The Mishnah taught that if one found a garment, מנערה אחד לשלשים יום – he should shake it out once every thirty days. The Gemara asks that this implication that shaking out a garment is beneficial for it contradicts Rebbe Yochanan, who said sarcastically: מי שיש לו גרדי אומן בתוך ביתו – whoever has a professional weaver in his house, ינער כסותו בכל יום – should shake out his garment every day, which will ruin his garment, because his weaver will make him another!? Four answers are given: (1) Shaking it daily is harmful, but monthly is beneficial. (2) One person shaking it is beneficial, but two people shaking it is harmful (because it becomes overstretched). (3) Shaking by hand is beneficial, but using a stick is harmful. (4) A woolen garment is harmed from being shaken and stretched, but a linen garment benefits by being shaken.
