Si encontró (dinero) en una tienda, es suyo. [Esto, donde no hay siman, el que lo perdió desesperado, la tienda es frecuentada por muchas personas.] Entre el cofre (del tendero) y el tendero, es el tendero. [Porque el comerciante se sienta ante él y siempre toma de él y coloca antes y vende, y el dinero que recibe lo coloca allí, de modo que debe haber caído de la mano del comerciante.] Antes del cambiador de dinero, es su ( el que lo encuentra). [Porque decimos que debe haber caído de aquellos que vinieron a cambiar dinero. Porque la mesa interviene entre el cambiador de dinero y el dinero que se encontró; y si fuera suyo, debería haberse encontrado entre él y la silla en la que está montada la mesa.] Entre la silla y el cambiador de dinero, es el cambiador de dinero. Si uno compra frutas de su vecino, o si su vecino le envía frutas y encuentra dinero en él, es suyo. [Esto, cuando su vecino es un comerciante, que compra este producto o estas frutas a muchas personas, para que no se sepa de quién es. Y como no hay siman, el dueño se desespera. Pero si el que vendió las frutas las recogió él mismo de su propia tierra, el dinero es obviamente suyo y debe devolvérselo.] Si (el dinero) estaba atado, lo toma y lo llama, [el lazo o la cantidad es un siman.]
Bartenura on Mishnah Bava Metzia
If he found them in a store they're his. This is referring to something without a marker. The owner who dropped it has had despair, since everyone enters there [the store].
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English Explanation of Mishnah Bava Metzia
If he found [something] in a shop, it belongs to him. But if he found it between the counter and the shopkeeper it belongs to the shopkeeper. If a person finds something in a shop, for example a cheap pair of sunglasses, and it is not an item sold in the shop, he may keep it. (Again, we can assume that this was an object without an identifying mark and therefore it could not be proclaimed.) Even though the item was found on the shopkeeper’s property, since many people come in and out of the store it could have belonged to any of them. If, however, the object was found behind the counter, the assumption is that the shopkeeper himself lost it. Therefore it belongs to him.
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Bartenura on Mishnah Bava Metzia
Between the counter. that the shopkeeper sits in front of, which he always takes from and places on to sell [things], and the money that he is given he places in it, and nothing ever falls except from the shopkeepers hand.
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English Explanation of Mishnah Bava Metzia
If he found it in front of the money-changer it belongs to him. But if between the stool and the money-changer it belongs to the money-changer. The rule here is the same as the rule in the previous section. If the item was found in a place where many people mill about, then it belongs to the finder. If it is found in a place generally occupied only by the money-changer, then it belongs to the money-changer.
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Bartenura on Mishnah Bava Metzia
In front of of the money-changer, these belong to him [the finder]. Since we say that they fell from those who brought money to exchange. The table interrupts between the money-changer and the money that was found, and if they fell from the money-changer they should have found them between themselves and the seat the table is placed on.
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English Explanation of Mishnah Bava Metzia
If a man bought fruit from his fellow or if his fellow sent him fruit and he found coins therein, they belong to him. But if they were tied up he must take them and proclaim them. If a person receives a bundle of fruit and there were a few coins scattered amongst the fruit he may keep the coins. If, however, there was a bag of coins, he must proclaim the bag, as we learned in mishnah two.
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Bartenura on Mishnah Bava Metzia
Someone who purchases fruits from their friend etc. For example their friend is a merchant who purchased this produce or these fruits from many people, and he doesn't know who these belonged to, and since they don't have a marker the owner has despair. However, if the one who is selling the fruits took them himself from his land, then the money is definitely his, and there is a obligation to return them.
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English Explanation of Mishnah Bava Metzia
Questions for Further Thought: Mishnah four, section three: Why don’t we assume that the scattered coins belong to the person who gave him the fruit? In other words, why is he not obligated to return the coins to the person who gave him the fruit?
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Bartenura on Mishnah Bava Metzia
If they were tired. Their knot or their number is a marker.
