with one who buys

<<from

<<a merchant;

<<but

<<with one who buys

<<from a householder

<<he is obligated

<<to return it.

<<And so

<<taught

<<a Tanna

<<before

<<Rav Nachman:

<<they taught it only

<<except

<<with one who buys

<<from

<<a merchant;

<<but

<<with one who buys

<<from a householder

<<he is obligated

<<to return it.

Rav Nachman said to him:

<<and does

<<a householder

<<himself

<<thresh them?

<<He said to him:

<<shall I delete it?

<<He said to him:

<<no,

<<let it be explained —

<<our Mishnah —

<<such as

<<where they were threshed

<<by

<<his slave

<<and his maidservant

<<who are Canaanite.

MISHNAH:

<<also

<<the garment

<<was

<<in the category of

<<all

<<these,

<<and why

<<did it come out?

<<To compare

<<to it,

<<to tell

<<you:

<<just as

<<a garment

<<is distinct

<<in that it has

<<in it

<<marks

<<and it has

<<for it

<<claimants —

<<so too

<<any

<<thing

<<that has

<<in it

<<marks

<<and has

<<for it

<<claimants

<<he is obligated

<<to announce.

GEMARA:

<<what is

<<“in the category of

<<all

<<these”?

<<Rava said:

<<in the category of

<<“every

<<lost object of

<<your brother”.

Rava said:

<<why do I need

<<that wrote

<<the Merciful One

<<“ox”,

<<“donkey”,

<<“sheep”

<<and “garment”?

They are needed,

<<for if

<<had written

<<the Merciful One

<<“garment”,

<<I would say:

<<this applies

<<with witnesses

<<of its body

<<and marks

<<of its body;

<<but

<<a donkey

<<with witnesses

<<of the saddle

<<and marks

<<of the saddle —

<<say

<<we do not

<<return it

<<to him;

<<wrote

<<the Merciful One

<<“donkey”,

<<that even

<<a donkey

<<by the marks of

<<the saddle.

“Ox”

<<and “sheep”,

<<that wrote

<<the Merciful One —

<<why do I need them?

<<“Ox”

<<that even

<<for the shearing of

<<its tail,

<<and “sheep”

<<for its shearings.

<<But let write

<<the Merciful One

<<“ox”,

<<that even

<<for the shearing of

<<its tail,

<<and all the more so

<<“sheep”

<<for its shearings!

Rather,

<<Rava said:

<<“donkey”

<<of the pit

<<according to Rabbi Yehuda,

<<and “sheep”

<<of a lost object

<<according to all

<<is difficult.

And say

<<for the dung

<<it is

<<that it came?

<<Dung —

<<renouncing

<<he renounces

<<it.

<<And perhaps

<<for marks

<<it is

<<that it came,

<<for it was asked

<<of us:

<<are marks

<<by Torah law

<<or

<<by rabbinic law?

<<Wrote

<<the Merciful One

<<“sheep”,

<<that even

<<by marks

<<we return it,

<<and marks

<<are by Torah law.

They say:

<<since teaches

<<them

<<the Tanna

<<the marks

<<by

<<the garment,

<<for it teaches:

<<just as

<<a garment

<<is distinct

<<in that it has

<<in it

<<marks

<<and it has

<<for it

<<claimants —

<<he is obligated

<<to announce,

<<so too

<<any

<<thing

<<that has

<<in it

<<marks

<<and has

<<for it

<<claimants

<<he is obligated

<<to announce.

<<Learn from it

<<that “sheep”

<<is not

<<for marks

<<it is

<<that it came.

The Rabbis taught:

<<“which he loses” —

<<excluding

<<a lost object

<<that has not

<<in it

<<the value of

<<a perutah.

<<Rabbi Yehuda

<<says:

<<“and you find it” —

<<excluding

<<a lost object

<<that has not

<<in it

<<the value of

<<a perutah.

What is between them?

<<Abaye said:

<<the sense of the derashah

<<is between them:

<<one master

<<He derives it

<<from “which he loses”,

<<and one master

<<He derives it

<<from “and you find it”.

And according to the one

<<who derives it

<<from “which he loses” —

<<this

<<“and you find it”

<<what

<<does he do with it?

That

<<he needs

<<for Ravnai's teaching,

<<for Ravnai said:

<<“and you find it”

<<that it came

<<into his hand

<<it implies.

And according to the one

<<who derives it

<<from “and you find it” —

<<this

<<“which he loses”

<<what

<<does he do with it?

He needs it

<<for Rabbi Yochanan's teaching,

<<for Rabbi Yochanan said

<<in the name of

<<Rabbi Shimon ben Yochai:

<<from where

<<of a lost object

<<that swept away

<<a river

<<that it is

<<permitted?

<<For it is said:

<<“so

<<shall you do

<<for every

<<lost object of

<<your brother

<<which

<<he loses

<<from him

<<and you find it” —

<<one

<<that is lost

<<from him

<<but available

<<to

<<every

<<person;

<<excluded is

<<this

<<which is lost

<<from him

<<and is not

<<available

<<to

<<every

<<person.

And the other —

<<this

<<of Ravnai,

<<from where does he have it?

<<He derives it

<<from “and you find it”.

And the other —

<<this

<<of Rabbi Yochanan,

<<from where does he have it?

<<He derives it

<<from “from him”.

<<And the other?

<<“From him”

<<does not

<<imply

<<to him.

Rava

<<said:

<<a perutah

<<that became cheaper

<<is between them:

<<the one who says

<<“which he loses”

<<there is;

<<and the one who says

<<“and you find it”

<<there is not.

And according to the one

<<who says

<<“which he loses” —

<<but

<<we require

<<“and you find it”,

<<and there is not!

Rather:

<<a perutah

<<that became dearer

<<is between them:

<<the one who says

<<“and you find it”

<<there is;

<<and the one who says

<<“which he loses”

<<there is not.

And according to the one

<<who says

<<“and you find it” —

<<but

<<we require

<<“which he loses”

<<and there is not!

Rather,

<<a perutah

<<that became dearer

<<and became cheaper

<<and went back

<<and became dearer

<<is between them:

<<the one who says

<<“which he loses”

<<there is;

<<and the one who says

<<“and you find it”

<<we require

<<that there be

<<in it

<<the measure of

<<a find

<<from the time of

<<the loss

<<until

<<the time of

<<the finding.

It was asked of them:

<<are marks

<<by Torah law

<<or

<<by rabbinic law?

<<What

<<is the difference?