Le metziah de son fils mineur et sa fille (lui appartiennent) [Quiconque dépend de la «table» de son père, même s'il est un adulte est considéré comme un mineur, et sa metziah appartient à son père pour empêcher l'ivah («haine») . Et la metziah d'une fille, qu'elle soit mineure ou na'arah (une jeune fille), appartient à son père, la Torah ayant accordé tous les gains de sa jeune fille à son père.], La metziah de son esclave cananéen et esclave ( lui appartiennent), [leurs corps lui appartenant, à savoir. (Lévitique 25:46): "Et vous les détiendrez comme un héritage."], Et le metziah de sa femme lui appartient [(une ordonnance rabbinique pour empêcher Eivah)]. Le metziah de son esclave et esclave hébreu, le metziah de sa divorcée, bien qu'il ne lui ait pas donné sa kethubah, leur appartient.
Bartenura on Mishnah Bava Metzia
הקטנים – all who are supported by/rely upon the father’s table, even if he is an adult, we call him a minor, and anything he finds belongs to his father for the sake of preventing ill-feeling. But a daughter, whether she is a minor or a maiden, her found object belongs to her father, since the Torah makes assignment of all gains/profits of her maidenhood belong to her father (see Numbers 30:17 – בנעוריה בית אביה /”while in her father’s household by reason of her youth”).
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English Explanation of Mishnah Bava Metzia
Introduction
Mishnah five deals with the issue of ownership over lost objects found by a man’s children or wife.
Mishnah six (and the remainder of the chapter) deals with returning lost documents to their owners.
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Bartenura on Mishnah Bava Metzia
עבדו ושפחתו הכנענים – for their bodies are owned by him, as it is written (Leviticus 25:46): “You shall keep them as a possession [for your children after you, for them to inherit as property for all time. Such you may treat as slaves].”
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English Explanation of Mishnah Bava Metzia
That which is found by a man’s minor son or daughter, and that which is found by his Canaanite slave or female slave, and that which is found by his wife belongs to him. A father (assumed in the Mishnah to be the head of the household) who is financially supporting his children can claim ownership over any financial benefit they might bring him including, as we learn here, found objects. In other words in return for his financial support, they must give him any of their earnings. A Canaanite (i.e. non-Jewish) slave or female slave is totally owned by their owner. They do not have the ability to own possessions and therefore anything they find belongs to their master. Finally, a married woman who is receiving financial support from her husband, gives him in return any of her earnings, including found objects. Note, that the relationship between a father and his children and a husband and his wife is one in which the latter are guaranteed support, even if they earn nothing. In such a familial structure allowing the child or wife to keep found objects while still receiving financial support from their father/husband may cause him to resent them, ultimately to their detriment.
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Bartenura on Mishnah Bava Metzia
מציאת אשתו – The Rabbis ordained this for the sake of preventing ill-feeling.
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English Explanation of Mishnah Bava Metzia
That which is found by his son or daughter that are of age, and that which is found by his Hebrew slave or female slave, and that which is found by his wife whom he has divorced, even though he has not yet paid her ketubah, belongs to them. On the other hand, a father’s financial control over his children does not extend to his adult children who are not supported by him. What they find belongs to them. Also, a Hebrew slave is treated in the Mishnah to be more similar to a hired worker who can own his own possession. Anything the slave finds therefore, belongs to him/her. Finally, a divorced woman does not owe her husband any financial gains she accrues after the divorce. This is true even if he has not paid her ketubah, meaning the divorce settlement. In such a case he is still obligated to provide her with food, clothing and shelter. Nevertheless, since he divorced her, he does not receive any object she might find.
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English Explanation of Mishnah Bava Metzia
Questions for Further Thought: • Mishnah five: Why doesn’t the mishnah say that as long as the husband has not given his divorcee her ketubah and is therefore supporting her, he would receive any object which she found? What might be a problem caused by such a law?
