Rujukan Talmud untuk Ulangan 22:3: Jerusalem Talmud Bava Metzia, Berakhot & Bava Metzia

HALAKHAH: “Which finds are his,” etc. From where may an owner’s hopelessness⁶That a lost article becomes ownerless the moment the owner realizes his loss since he has no hope of recovery. Then appropriating a find which has no distinguishing marks is not theft. This leaves open the question, discussed at length in the Babli, why keeping a find without marks is not theft even before the original owner became conscious of his loss. be deduced from the Torah? Rebbi Joḥanan said in the name of Rebbi Simeon ben Yehoṣadaq: “So you shall proceed with his donkey,⁷Deut. 22:3: “So you shall proceed with his donkey, so you shall proceed with his garment, so you shall proceed with anything lost by your neighbor and which you found; you cannot avoid taking notice.” As usual, the argument is about a part of the verse which is not quoted. The clause in Italics seems to be superfluous; if he did not lose and you did not find, there would be no case. It must be that you found something which can be traced back to your neighbor.” etc. What is lost by him but may be found by anybody you have to make public. But what is not lost by him but may be found by anybody you do not have to make public. This excludes the owner’s hopelessness about that which was lost by him or anybody.

MISHNAH: What one found in a store is his⁵⁶Because most probably one of the previous customers lost the money which by its nature has no distinguishing marks.. Between the counter and the storekeeper it is the storekeeper’s. Before the moneychanger it is his⁵⁶Because most probably one of the previous customers lost the money which by its nature has no distinguishing marks.. Between the chair⁵⁷Where the customer sits who has his money exchanged. and the moneychanger it is the moneychanger’s. If one bought produce from another person or another person sent him produce and he found coins in it, they are his⁵⁸The coins probably were lost by a person engaged in harvest or transport, not the seller of the produce.. But if they were bundled⁵⁹Where the number of coins, their value, and the way they were tied together are distinguishing marks., he takes them and makes it public.
The garment⁶⁰Deut. 22:3: “So you shall treat his donkey, so you shall treat his garment, so you shall treat anything lost by your fellow man, which is lost by him but you found it; you are not allowed to disregard it.” was subsumed under “anything”; why was it mentioned separately? To bracket with it and tell you, just as a garment is special in that it has distinguishing marks and claimants, so about everything which has distinguishing marks and claimants you have to give public notice⁶¹Sifry Deut. 224. This justifies the arguments in Halakhah 4 that even if there are distinguishing marks, one does not have to advertise if there are no claimants..

⁷⁰Parallel versions of this story are in Gen. rabba 33(1), Lev. rabba27(1). Alexander the Macedonian went to the king of Cassia⁷¹In the Midrashim: Behind the Mountains of Darkness.. He saw that he had much gold, much silver. He told him, I do not need your gold nor your silver; I came only so see your practice⁷²Greek πρᾶξις., how you are dealing, how you are judging. While he was still discussing with him, there came a man having a dispute with another, for he bought (a plot, entered it) [a garbage heap, dug in it]⁷³The text in parentheses is the L text, the one in brackets is the text of E and the Midrashim. The sequel shows that the latter text is original. and found a treasure trove of denars. The buyer said, I bought a garbage heap, I did not buy a treasure. The seller said, I sold a garbage heap and all it contains. While they still were arguing with one another, the king asked one of them, do you have a male son? He answered, yes. He asked the other one, do you have a female daughter? He answered, yes. He told them, marry them to each other and the treasure should belong to both. He⁷⁴Alexander. started to laugh. He⁷⁵The savage king. asked him, why are you laughing? Did I not judge correctly? He asked him, if the case came before you, how would you have judged? He⁷⁴Alexander. told him, one kills both of them and the treasure falls to the king. He⁷⁵The savage king. told him, do you love gold so much? He⁷⁵The savage king. made him a meal and brought before him golden meat, golden chicken. He⁷⁴Alexander. asked him, can I eat gold? He⁷⁵The savage king. told him, the spirit of this person should be wiped out. You cannot eat gold, why do you love gold so much? He⁷⁵The savage king. asked him, does the sun shine upon you? He⁷⁴Alexander. answered, yes. Does rain fall on you? He⁷⁴Alexander. answered, yes. He⁷⁵The savage king. asked him, do you have small animals? He⁷⁴Alexander. answered, yes. The spirit of this person should be wiped out; you live only by the merit of the small animals, as it is written⁷⁶Ps. 36:7.: “Man and animal You are saving, o Eternal!”