Thursday 20 October 2016

Bava Metzia 24: Jews and Gentiles and Proclaiming Items Found in Cities

How do we know when a person is lying or telling the truth?  The rabbis share the story of a stolen goblet while visiting a host's home.  One rabbi noticed a Torah student wash and then dry his hands on another person's cloak.  He was sure that this was the thief, for this person did not value other people's property.  And he was right.

After the rabbis share lists of found items that must be proclaimed and that need not be proclaimed, the rabbis debate whether found items must be proclaimed when the population has a majority of Jews and when the population has a majority of Gentiles.  This is not only about celebrating and rewarding Jewish communities.  Instead, it is a question of halacha; which halachot apply in which situations.  

One example is a found barrel of wine.  Objects belonging to Gentiles need not be proclaimed, and wine that belongs to a Gentile cannot be consumed by Jews.  In fact, Jews cannot benefit from that wine in any way.  However, Jews are permitted to benefit from the found barrel.  And so how do we know whether or not Jews are permitted to benefit from that wine?  How do we use the barrel but not the wine?  Does that found object need to be proclaimed or not?  The rabbis consider the size of the town in question. 

It is not necessary to seek out the original owner of a found item.  The rabbis find creative ways to determine whether a town has a majority of Jews or not and how that might lead to a proclamation or not.  They consider found items in garbage dumps; they consider found animals that have been slaughtered.  

One of the rabbis additional considerations in classifying a found object is whether or not that item was concealed.  A found vessel in a garbage dump is permitted if it is visible but is prohibited if it is concealed.  Does this protect the owner of an object from losing that object when they temporarily hide it for some reason?

It is clear that the details of thees halachot are complex, and that I have not understood them fully.  What I do understand is that much of what I would consider to be 'common sense' is not common core is it sensical when compared with the 'common sense' of ancient Israel.  

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