If one deposits fruits with his neighbor, even if they undergo loss [because of mice or decay], he may not touch them [to sell them. For "a man prefers one measure of his own to nine measures of his neighbor." His measure is beloved by him because he worked for it, more (beloved) than nine measures of others that he would receive for selling it. The rabbis say: "He may not touch them," only if they undergo the normal loss indicated in our Mishnah (below): for wheat and rice, nine half-kavin to a kor, etc. But if they undergo more than the normal loss, the sages concede to R. Shimon b. Gamliel that he sells them through beth-din. The halachah is in accordance with the sages.] R. Gamliel says: He sells them before beth-din, for he is like one returning a lost object to its owner.
Bartenura on Mishnah Bava Metzia
אבודים – through mice or decay
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English Explanation of Mishnah Bava Metzia
If a man deposited produce with his fellow, even if it should perish he may not touch it. Rabban Shimon ben Gamaliel says: “He may sell it before a court of law, since he is like someone who returns a lost object to its owners.” In the scenario in our mishnah Reuven leaves his produce with Shimon to watch until he comes back. When Reuven doesn’t return for an extended period Shimon is left with a dilemma. On the one hand, a person guarding someone else’s possessions generally may not use the possessions. However, if he does nothing with the produce the produce will rot. According to the first opinion in the mishnah, Shimon should just leave the produce even at the risk of it perishing. The reason is that Reuven may want his produce back, since that was the produce he worked so hard to grow. If you have your own backyard garden you know that this is often true. Even if the fruit objectively is not better than the fruit in the store, to the person who grew it, it will taste better. According to Rabban Shimon ben Gamaliel, better for Shimon to sell the produce and hold the money for the owner. This sale must be done in front of a court of law in order to prevent the person watching from selling the produce at too low of a price.
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Bartenura on Mishnah Bava Metzia
לא יגע בהן – to see them since each person wants his Kab from the nine Kabim of his fellow. His Kab is beloved to him because he had toiled for it, from the nine Kabim of others that he would purchase with their monetary value if he would sell them. And the Rabbis said that he should not touch them, for they have not lost other than up to the diminution that is explicitly mentioned in our Mishnah: for wheat and rice Nine half-Kabim to a Kor, etc. But if they lost more than their diminution [in value], the Sages agree with Rabban Shimon ben Gamaliel that they sell them in the Jewish court. And the Halakha is according to the Sages.
