If he found behind a gappah [a wall-filling of wood or reeds] or behind a fence [of stones], tied fledglings, [tied by their wings. Since all men tie them thus, this is not a siman.], or in paths in the fields, he should not touch them. [For we assume that they were secreted there, and if they are taken, the owners will not have a siman. Therefore, they should be left there until the owners come and take them.] If he found a vessel in the rubbish heap, if it is covered, he should not touch it, [this not being a lost object about which he is exhorted (Deuteronomy 22:3): "You shall not be able to ignore it," for it is guarded.] If it is not covered, he takes it and calls it out. If he found it in a heap or in an old wall, it is his. [For he can tell the owner of the heap or of the wall that it belonged to the Emorites driven out by our ancestors. This, if it be extremely mouldy, indication of its having lain there for a very long time.] If he found it in a new wall — in the outer half, it is his; in the inner half, it is the (home) owner's. [In one of the holes of a wall close to the public domain, if he found it from half the thickness of the wall facing out, it is his. For we say that one of the men in the public domain placed it there and forgot it. And the mould upon it indicates its having been there a long time, so that the owner must certainly have despaired of it. This, only in the instance of a tongue of gold, a piece of silver, and the like. But if it were a vessel, and in it money — if the mouth of the vessel faces outwards, it is his; if inwards, it is the (home) owner's. If he rented it to others, even (if he found it) inside the house, it is his, [ it not being known whose it is, and the owner's having despaired.]
Bartenura on Mishnah Bava Metzia
Behind a ledge. A closed wall of wood or reeds.
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English Explanation of Mishnah Bava Metzia
Introduction
In mishnayoth one and two we learned which lost objects a person may keep and which he must declare as lost. In mishnah three we learn a third category: objects that seem to be lost but may not be touched. There are some things that may not have been lost but rather put in their current place by their owner so that the she could return and get them later. One who sees such things should not touch them lest the owners later have difficulty finding the object.
Mishnah four deals with lost items found in different places inside stores.
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Bartenura on Mishnah Bava Metzia
Fence. of stones.
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English Explanation of Mishnah Bava Metzia
If a man found pigeons tied together behind a fence or a hedge or on footpaths in the fields, he may not touch them. If a person finds pigeons tied together in a place where they may have been left on purpose by their owner, he must leave them there. Perhaps the owner had brought his pigeons with him to the field in order to slaughter them and eat them later for his dinner. (Remember they had no refrigeration, so one would not want to slaughter something in order to eat it later). Rather then carry them around with him in the field he tied them up so that they would not fly away, and he put them behind a fence. If the person were to find them and take them in order to proclaim them as a lost item the owner would have to go looking for them. Therefore the mishnah says they shouldn’t be touched.
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Bartenura on Mishnah Bava Metzia
Tied-together fledglings. in their wings. [They were tied] in a way that everyone does, and a knot like this isn't a marker.
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English Explanation of Mishnah Bava Metzia
If he found an object in the dungheap and it was covered up he may not touch it, but if it was exposed he should take it and proclaim. If a person finds an object hidden in a dungheap, he may assume that someone put it there to hide it and will come back for it later. In such a case he should not take it. If, however, it is exposed then thieves might come along and take it. In such a case the finder should take it and proclaim it as a lost item.
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Bartenura on Mishnah Bava Metzia
Don't touch them. Since we say a person hid them, and if he takes them the owner doesn't have a marker. Therefore he [the finder] should leave them until their owner will come and take them.
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English Explanation of Mishnah Bava Metzia
If he found it in a pile of stones or in an old wall it belongs to him. If he found it in a new wall and it was on the outside [of the wall] it belongs to him. If it was on the inner side it belongs to the householder. But if the house had been hired to others, even if a man found something within the house, it belongs to him. If one finds something in an old wall or under a pile of stones, and it is apparent that it has been there for quite a while, then he may keep it. It can be assumed that the owners forgot about it (yeush, despair) and therefore the item is legally ownerless. If, however, he were to find something in a new wall, he cannot make such a blanket assumption. If the item is on the outer part of the new wall, he may keep it, since anyone from the public domain may have put it there. (We are assuming that the object does not have a sign by which the person who lost it could identify it.) If it was on the inner part of the wall it belongs to the householder. Finally, if the house owner were using his house as an inn and place where many people passed through, then a found item there belongs to the finder. Although the item was in another person’s house, since the house was occupied by many people we cannot make an assumption as to who owned the item.
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Bartenura on Mishnah Bava Metzia
Covered don't touch it. Since this isn't a lost item that includes the transgression "You are not allowed to hide yourself [from it]", since it is in a guarded spot.
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English Explanation of Mishnah Bava Metzia
Questions for Further Thought: Mishnah three: What do you think he should do if he were to find pigeons tied up but not behind a fence, for instance in a public place? Should he leave them there? Should he pick them up and proclaim them? Or do they belong to the finder?
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Bartenura on Mishnah Bava Metzia
He found it in a stone-pile or an old wall these belong to him. Since he [the finder] can say to the owner [of the pile or wall] this [found item] belonged to the Amorites that our ancestors inherited. This is only if the item is very rusty, that it is noticeable that it has been hidden for a very long time.
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Bartenura on Mishnah Bava Metzia
From the middle to the outside. In one of the holes adjacent to the public domain. If he found it from half the thickness of the wall to the outside, it is his, since we say one of the passerbys placed it there and forgot. The rust on it proves it has been there a long time, and the owner has surely despaired. This rule is specifically with gold or silver pieces and the like. However, if it was a vessel with money in it, if the vessel's mouth faces outside it belongs to him [the finder]. If the vessel's mouth faces inward, it belongs to the owner [of the wall].
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Bartenura on Mishnah Bava Metzia
Even inside the house it belongs to him. Since we don't know who they belong to, and the owner had despair.
