1. Hebrew Bible, Deuteronomy, 8.2, 9.16, 13.17, 17.20, 27.19 (9th cent. BCE - 3rd cent. BCE)
| 8.2. כַּגּוֹיִם אֲשֶׁר יְהוָה מַאֲבִיד מִפְּנֵיכֶם כֵּן תֹאבֵדוּן עֵקֶב לֹא תִשְׁמְעוּן בְּקוֹל יְהוָה אֱלֹהֵיכֶם׃ 8.2. וְזָכַרְתָּ אֶת־כָּל־הַדֶּרֶךְ אֲשֶׁר הֹלִיכֲךָ יְהוָה אֱלֹהֶיךָ זֶה אַרְבָּעִים שָׁנָה בַּמִּדְבָּר לְמַעַן עַנֹּתְךָ לְנַסֹּתְךָ לָדַעַת אֶת־אֲשֶׁר בִּלְבָבְךָ הֲתִשְׁמֹר מצותו [מִצְוֺתָיו] אִם־לֹא׃ 9.16. וָאֵרֶא וְהִנֵּה חֲטָאתֶם לַיהוָה אֱלֹהֵיכֶם עֲשִׂיתֶם לָכֶם עֵגֶל מַסֵּכָה סַרְתֶּם מַהֵר מִן־הַדֶּרֶךְ אֲשֶׁר־צִוָּה יְהוָה אֶתְכֶם׃ 13.17. וְאֶת־כָּל־שְׁלָלָהּ תִּקְבֹּץ אֶל־תּוֹךְ רְחֹבָהּ וְשָׂרַפְתָּ בָאֵשׁ אֶת־הָעִיר וְאֶת־כָּל־שְׁלָלָהּ כָּלִיל לַיהוָה אֱלֹהֶיךָ וְהָיְתָה תֵּל עוֹלָם לֹא תִבָּנֶה עוֹד׃ 27.19. אָרוּר מַטֶּה מִשְׁפַּט גֵּר־יָתוֹם וְאַלְמָנָה וְאָמַר כָּל־הָעָם אָמֵן׃ | 8.2. And thou shalt remember all the way which the LORD thy God hath led thee these forty years in the wilderness, that He might afflict thee, to prove thee, to know what was in thy heart, whether thou wouldest keep His commandments, or no." 9.16. And I looked, and, behold, ye had sinned against the LORD your God; ye had made you a molten calf; ye had turned aside quickly out of the way which the LORD had commanded you." 13.17. And thou shalt gather all the spoil of it into the midst of the broad place thereof, and shall burn with fire the city, and all the spoil thereof every whit, unto the LORD thy God; and it shall be a heap for ever; it shall not be built again." 17.20. that his heart be not lifted up above his brethren, and that he turn not aside from the commandment, to the right hand, or to the left; to the end that he may prolong his days in his kingdom, he and his children, in the midst of Israel." 27.19. Cursed be he that perverteth the justice due to the stranger, fatherless, and widow. And all the people shall say: Amen." |
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2. Hebrew Bible, Leviticus, 27.28-27.29 (9th cent. BCE - 3rd cent. BCE)
| 27.28. אַךְ־כָּל־חֵרֶם אֲשֶׁר יַחֲרִם אִישׁ לַיהוָה מִכָּל־אֲשֶׁר־לוֹ מֵאָדָם וּבְהֵמָה וּמִשְּׂדֵה אֲחֻזָּתוֹ לֹא יִמָּכֵר וְלֹא יִגָּאֵל כָּל־חֵרֶם קֹדֶשׁ־קָדָשִׁים הוּא לַיהוָה׃ 27.29. כָּל־חֵרֶם אֲשֶׁר יָחֳרַם מִן־הָאָדָם לֹא יִפָּדֶה מוֹת יוּמָת׃ | 27.28. Notwithstanding, no devoted thing, that a man may devote unto the LORD of all that he hath, whether of man or beast, or of the field of his possession, shall be sold or redeemed; every devoted thing is most holy unto the LORD." 27.29. None devoted, that may be devoted of men, shall be ransomed; he shall surely be put to death." |
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3. Hebrew Bible, Numbers, 14.18 (9th cent. BCE - 3rd cent. BCE)
| 14.18. יְהוָה אֶרֶךְ אַפַּיִם וְרַב־חֶסֶד נֹשֵׂא עָוֺן וָפָשַׁע וְנַקֵּה לֹא יְנַקֶּה פֹּקֵד עֲוֺן אָבוֹת עַל־בָּנִים עַל־שִׁלֵּשִׁים וְעַל־רִבֵּעִים׃ | 14.18. The LORD is slow to anger, and plenteous in lovingkindness, forgiving iniquity and transgression, and that will by no means clear the guilty; visiting the iniquity of the fathers upon the children, upon the third and upon the fourth generation." |
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4. Hebrew Bible, Psalms, 44.21 (9th cent. BCE - 3rd cent. BCE)
| 44.21. אִם־שָׁכַחְנוּ שֵׁם אֱלֹהֵינוּ וַנִּפְרֹשׂ כַּפֵּינוּ לְאֵל זָר׃ | 44.21. If we had forgotten the name of our God, or spread forth our hands to a strange god; ." |
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5. Hebrew Bible, 2 Samuel, 20.10 (8th cent. BCE - 5th cent. BCE)
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6. Hebrew Bible, Isaiah, 10.2 (8th cent. BCE - 5th cent. BCE)
| 10.2. לְהַטּוֹת מִדִּין דַּלִּים וְלִגְזֹל מִשְׁפַּט עֲנִיֵּי עַמִּי לִהְיוֹת אַלְמָנוֹת שְׁלָלָם וְאֶת־יְתוֹמִים יָבֹזּוּ׃ 10.2. וְהָיָה בַּיּוֹם הַהוּא לֹא־יוֹסִיף עוֹד שְׁאָר יִשְׂרָאֵל וּפְלֵיטַת בֵּית־יַעֲקֹב לְהִשָּׁעֵן עַל־מַכֵּהוּ וְנִשְׁעַן עַל־יְהוָה קְדוֹשׁ יִשְׂרָאֵל בֶּאֱמֶת׃ | 10.2. To turn aside the needy from judgment, And to take away the right of the poor of My people, That widows may be their spoil, And that they may make the fatherless their prey!" |
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7. Hebrew Bible, Jeremiah, 11.20, 17.10 (8th cent. BCE - 5th cent. BCE)
| 11.20. But, O LORD of hosts, that judgest righteously, That triest the reins and the heart, Let me see Thy vengeance on them; For unto Thee have I revealed my cause." 17.10. I the LORD search the heart, I try the reins, Even to give every man according to his ways, According to the fruit of his doings." |
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8. Hebrew Bible, Joshua, 6.18, 7.13 (8th cent. BCE - 5th cent. BCE)
| 6.18. וְרַק־אַתֶּם שִׁמְרוּ מִן־הַחֵרֶם פֶּן־תַּחֲרִימוּ וּלְקַחְתֶּם מִן־הַחֵרֶם וְשַׂמְתֶּם אֶת־מַחֲנֵה יִשְׂרָאֵל לְחֵרֶם וַעֲכַרְתֶּם אוֹתוֹ׃ 7.13. קֻם קַדֵּשׁ אֶת־הָעָם וְאָמַרְתָּ הִתְקַדְּשׁוּ לְמָחָר כִּי כֹה אָמַר יְהוָה אֱלֹהֵי יִשְׂרָאֵל חֵרֶם בְּקִרְבְּךָ יִשְׂרָאֵל לֹא תוּכַל לָקוּם לִפְנֵי אֹיְבֶיךָ עַד־הֲסִירְכֶם הַחֵרֶם מִקִּרְבְּכֶם׃ | 6.18. And ye, in any wise keep yourselves from the devoted thing, lest ye make yourselves accursed by taking of the devoted thing, so should ye make the camp of Israel accursed, and trouble it." 7.13. Up, sanctify the people, and say: Sanctify yourselves against tomorrow; for thus saith the LORD, the God of Israel: There is a curse in the midst of thee, O Israel; thou canst not stand before thine enemies, until ye take away the accursed thing from among you." |
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9. Hebrew Bible, Ezekiel, 44.29 (6th cent. BCE - 5th cent. BCE)
| 44.29. הַמִּנְחָה וְהַחַטָּאת וְהָאָשָׁם הֵמָּה יֹאכְלוּם וְכָל־חֵרֶם בְּיִשְׂרָאֵל לָהֶם יִהְיֶה׃ | 44.29. The meal-offering, and the sin-offering, and the guilt-offering, they, even they, shall eat; and every devoted thing in Israel shall be theirs." |
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10. Hebrew Bible, 1 Chronicles, 24.31, 28.9 (5th cent. BCE - 3rd cent. BCE)
| 24.31. וַיַּפִּילוּ גַם־הֵם גּוֹרָלוֹת לְעֻמַּת אֲחֵיהֶם בְּנֵי־אַהֲרֹן לִפְנֵי דָוִיד הַמֶּלֶךְ וְצָדוֹק וַאֲחִימֶלֶךְ וְרָאשֵׁי הָאָבוֹת לַכֹּהֲנִים וְלַלְוִיִּם אָבוֹת הָרֹאשׁ לְעֻמַּת אָחִיו הַקָּטָן׃ 28.9. וְאַתָּה שְׁלֹמֹה־בְנִי דַּע אֶת־אֱלֹהֵי אָבִיךָ וְעָבְדֵהוּ בְּלֵב שָׁלֵם וּבְנֶפֶשׁ חֲפֵצָה כִּי כָל־לְבָבוֹת דּוֹרֵשׁ יְהוָה וְכָל־יֵצֶר מַחֲשָׁבוֹת מֵבִין אִם־תִּדְרְשֶׁנּוּ יִמָּצֵא לָךְ וְאִם־תַּעַזְבֶנּוּ יַזְנִיחֲךָ לָעַד׃ | 24.31. These likewise cast lots even as their brethren the sons of Aaron in the presence of David the king, and Zadok, and Ahimelech, and the heads of the fathers’houses of the priests and of the Levites; the fathers’houses of the chief even as those of his younger brother." 28.9. And thou, Solomon my son, know thou the God of thy father, and serve Him with a whole heart and with a willing mind; for the LORD searcheth all hearts, and understandeth all the imaginations of the thoughts; if thou seek Him, He will be found of thee; but if thou forsake Him, He will cast thee off for ever." |
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11. Dead Sea Scrolls, Damascus Covenant, 6.21 (2nd cent. BCE - 1st cent. CE)
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12. Dead Sea Scrolls, (Cairo Damascus Covenant) Cd-A, 6.21 (2nd cent. BCE - 1st cent. CE)
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13. Hebrew Bible, Daniel, 11.14, 11.20 (2nd cent. BCE - 2nd cent. BCE)
| 11.14. וּבָעִתִּים הָהֵם רַבִּים יַעַמְדוּ עַל־מֶלֶךְ הַנֶּגֶב וּבְנֵי פָּרִיצֵי עַמְּךָ יִנַּשְּׂאוּ לְהַעֲמִיד חָזוֹן וְנִכְשָׁלוּ׃ | 11.14. And in those times there shall many stand up against the king of the south; also the children of the violent among thy people shall lift themselves up to establish the vision; but they shall stumble." 11.20. Then shall stand up in his place one that shall cause an exactor to pass through the glory of the kingdom; but within few days he shall be destroyed, neither in anger, nor in battle." |
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14. Septuagint, 1 Maccabees, 5.43-5.44, 14.49 (2nd cent. BCE - 2nd cent. BCE)
| 5.43. Then he crossed over against them first, and the whole army followed him. All the Gentiles were defeated before him, and they threw away their arms and fled into the sacred precincts at Carnaim. 5.44. But he took the city and burned the sacred precincts with fire, together with all who were in them. Thus Carnaim was conquered; they could stand before Judas no longer. 14.49. and to deposit copies of them in the treasury, so that Simon and his sons might have them. |
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15. Septuagint, 2 Maccabees, 1.1-2.18, 2.19, 2.20, 2.22, 3.1, 3.1-4.6, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.13, 3.14, 3.15, 3.16, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22, 3.23, 3.24, 3.25, 3.26, 3.27, 3.28, 3.29, 3.30, 3.31, 3.32, 3.33, 3.34, 3.35, 3.36, 3.37, 3.38, 3.39, 3.40, 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.17, 4.21, 4.23, 4.25, 4.28, 4.33, 4.34, 4.35, 4.36, 4.37, 4.38, 4.45, 5.2, 5.3, 5.4, 5.8, 5.15, 5.16, 5.18, 5.20, 5.22, 6.1, 6.11, 6.12, 6.13, 6.14, 6.15, 6.16, 6.18-7.42, 6.28, 7.2, 7.9, 7.11, 7.23, 7.30, 7.37, 7.42, 8.3, 8.5, 8.6, 8.7, 8.21, 8.34, 8.35, 8.36, 9, 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 9.11, 9.12, 9.13, 9.14, 9.15, 9.16, 9.17, 9.18, 9.19, 9.20, 9.21, 9.22, 9.23, 9.24, 9.25, 9.26, 9.27, 9.28, 9.29, 10.4, 10.9, 10.10, 10.29, 10.30, 11.8, 11.9, 11.10, 11.11, 11.13, 11.21, 11.33, 11.38, 12.16, 12.21, 12.22, 12.23, 12.27, 12.37, 13.1, 13.3, 13.4, 13.5, 13.6, 13.7, 13.8, 13.9, 13.14, 13.26, 14.1, 14.1-15.36, 14.2, 14.3, 14.4, 14.5, 14.6, 14.7, 14.8, 14.9, 14.10, 14.11, 14.12, 14.13, 14.14, 14.23, 14.26, 14.27, 14.28, 14.29, 14.30, 14.31, 14.32, 14.33, 14.37, 14.38, 14.39, 14.40, 14.41, 14.42, 14.43, 14.44, 14.45, 14.46, 15.1, 15.2, 15.6, 15.7, 15.12, 15.13, 15.14, 15.15, 15.16, 15.17, 15.37 (2nd cent. BCE - 2nd cent. BCE)
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16. Septuagint, Ecclesiasticus (Siracides), 6.7, 41.8 (2nd cent. BCE - 2nd cent. BCE)
| 41.8. Woe to you, ungodly men,who have forsaken the law of the Most High God! |
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17. Philo of Alexandria, On The Embassy To Gaius, 198, 191 (1st cent. BCE - missingth cent. CE)
| 191. And will it be allowed to us to approach him or to open our mouth on the subject of the synagogues before this insulter of our holy and glorious temple? For it is quite evident that he will pay no regard whatever to things of less importance and which are held in inferior estimation, when he behaves with insolence and contempt towards our most beautiful and renowned temple, which is respected by all the east and by all the west, and regarded like the sun which shines everywhere. |
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18. Josephus Flavius, Jewish Antiquities, 12.136, 13.77 (1st cent. CE - 1st cent. CE)
| 12.136. He also saith, in the same book, that “when Seopas was conquered by Antiochus, Antiochus received Batanea, and Samaria, and Abila, and Gadara; and that, a while afterwards, there came in to him those Jews that inhabited near that temple which was called Jerusalem; concerning which, although I have more to say, and particularly concerning the presence of God about that temple, yet do I put off that history till another opportunity.” 13.77. Now the Jews that were at Alexandria were in great concern for those men, whose lot it was to contend for the temple at Jerusalem; for they took it very ill that any should take away the reputation of that temple, which was so ancient and so celebrated all over the habitable earth. |
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19. Josephus Flavius, Jewish War, 7.453 (1st cent. CE - 1st cent. CE)
| 7.453. This his distemper grew still a great deal worse and worse continually, and his very entrails were so corroded, that they fell out of his body, and in that condition he died. Thus he became as great an instance of Divine Providence as ever was, and demonstrated that God punishes wicked men. |
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20. New Testament, Acts, 1.15-1.26 (1st cent. CE - 2nd cent. CE)
| 1.15. In these days, Peter stood up in the midst of the disciples (and the number of names was about one hundred twenty), and said 1.16. Brothers, it was necessary that this Scripture should be fulfilled, which the Holy Spirit spoke before by the mouth of David concerning Judas, who was guide to those who took Jesus. 1.17. For he was numbered with us, and received his portion in this ministry. 1.18. Now this man obtained a field with the reward for his wickedness, and falling headlong, his body burst open, and all his intestines gushed out. 1.19. It became known to everyone who lived in Jerusalem that in their language that field was called 'Akeldama,' that is, 'The field of blood.' 1.20. For it is written in the book of Psalms, 'Let his habitation be made desolate, Let no one dwell therein,' and, 'Let another take his office.' 1.21. of the men therefore who have accompanied us all the time that the Lord Jesus went in and went out among us 1.22. beginning from the baptism of John, to the day that he was received up from us, of these one must become a witness with us of his resurrection. 1.23. They put forward two, Joseph called Barsabbas, who was surnamed Justus, and Matthias. 1.24. They prayed, and said, "You, Lord, who know the hearts of all men, show which one of these two you have chosen 1.25. to take part in this ministry and apostleship from which Judas fell away, that he might go to his own place. 1.26. They drew lots for them, and the lot fell on Matthias, and he was numbered with the eleven apostles. |
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21. New Testament, John, 8.20 (1st cent. CE - 1st cent. CE)
| 8.20. Jesus spoke these words in the treasury, as he taught in the temple. Yet no one arrested him, because his hour had not yet come. |
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22. New Testament, Mark, 12.40 (1st cent. CE - 1st cent. CE)
| 12.40. those who devour widows' houses, and for a pretense make long prayers. These will receive greater condemnation. |
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23. Pliny The Younger, Letters, 4.13 (2nd cent. CE - 2nd cent. CE)
| 4.13. To Cornelius Tacitus. I am delighted that you have returned to Rome, for though your arrival is always welcome, it is especially so to me at the present moment. I shall be spending a few more days at my Tusculan villa in order to finish a small work which I have in hand, for I am afraid that if I do not carry it right through now that it is nearly completed I shall find it irksome to start on it again. In the meanwhile, that I may lose no time, I am sending this letter as a sort of forerunner to make a request which, when I am in town, I shall ask you to grant. But first of all, let me tell you my reasons for asking it. When I was last in my native district a son of a fellow townsman of mine, a youth under age, came to pay his respects to me. I said to him, "Do you keep up your studies?" "Yes," said he. "Where?" I asked. "At Mediolanum," he replied. "But why not here?" I queried. Then the lad's father, who was with him, and indeed had brought him, replied, "Because we have no teachers here." "How is that?" I asked. "It is a matter of urgent importance to you who are fathers" - and it so happened, luckily, that a number of fathers were listening to me - "that your children should get their schooling here on the spot. For where can they pass the time so pleasantly as in their native place; where can they be brought up so virtuously as under their parents' eyes; where so inexpensively as at home? If you put your money together you could hire teachers at a trifling cost, and you could add to their stipends the sums you now spend upon your sons' lodgings and travelling money, which are no light amounts. I have no children of my own, but still, in the interest of the State, which I may consider as my child or my parent, I am prepared to contribute a third part of the amount which you may decide to club together. I would even promise the whole sum, if I were not afraid that if I did so my generosity would be corrupted to serve private interests, as I see is the case in many places where teachers are employed at the public charge. There is but one way of preventing this evil, and that is by leaving the right of employing the teachers to the parents alone, who will be careful to make a right choice if they are required to find the money. For those who perhaps would be careless in dealing with other people's money will assuredly be careful in spending their own, and they will take care that the teacher who gets my money will be worth his salt when he will also get money from them as well. So put your heads together, make up your minds, and let my example inspire you, for I can assure you that the greater the contribution you lay upon me the better I shall be pleased. You cannot make your children a more handsome present than this, nor can you do your native place a better turn. Let those who are born here be brought up here, and from their earliest days accustom them to love and know every foot of their native soil. I hope you may be able to attract such distinguished teachers that boys will be sent here to study from the towns round about, and that, as now your children flock to other places, so in the future other people's children may flock hither." I thought it best to repeat this conversation in detail and from the very beginning, to convince you how glad I shall be if you will undertake my commission. As the subject is one of such importance, I beg and implore you to look out for some teachers from among the throng of learned people who gather round you in admiration of your genius, whom we can approach about the matter, but in such a way that we do not pledge ourselves to employ any one of them. For I wish to give the parents a perfectly free hand. They must judge and choose for themselves; my responsibilities go no further than a sympathetic interest and the payment of my share of the cost. So if you find anyone who is confident in his own abilities, let him go to Comum, but on the express understanding that he builds upon no certainty beyond his own confidence in himself. Farewell. |
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24. Pliny The Younger, Letters, 4.13 (2nd cent. CE - 2nd cent. CE)
| 4.13. To Cornelius Tacitus. I am delighted that you have returned to Rome, for though your arrival is always welcome, it is especially so to me at the present moment. I shall be spending a few more days at my Tusculan villa in order to finish a small work which I have in hand, for I am afraid that if I do not carry it right through now that it is nearly completed I shall find it irksome to start on it again. In the meanwhile, that I may lose no time, I am sending this letter as a sort of forerunner to make a request which, when I am in town, I shall ask you to grant. But first of all, let me tell you my reasons for asking it. When I was last in my native district a son of a fellow townsman of mine, a youth under age, came to pay his respects to me. I said to him, "Do you keep up your studies?" "Yes," said he. "Where?" I asked. "At Mediolanum," he replied. "But why not here?" I queried. Then the lad's father, who was with him, and indeed had brought him, replied, "Because we have no teachers here." "How is that?" I asked. "It is a matter of urgent importance to you who are fathers" - and it so happened, luckily, that a number of fathers were listening to me - "that your children should get their schooling here on the spot. For where can they pass the time so pleasantly as in their native place; where can they be brought up so virtuously as under their parents' eyes; where so inexpensively as at home? If you put your money together you could hire teachers at a trifling cost, and you could add to their stipends the sums you now spend upon your sons' lodgings and travelling money, which are no light amounts. I have no children of my own, but still, in the interest of the State, which I may consider as my child or my parent, I am prepared to contribute a third part of the amount which you may decide to club together. I would even promise the whole sum, if I were not afraid that if I did so my generosity would be corrupted to serve private interests, as I see is the case in many places where teachers are employed at the public charge. There is but one way of preventing this evil, and that is by leaving the right of employing the teachers to the parents alone, who will be careful to make a right choice if they are required to find the money. For those who perhaps would be careless in dealing with other people's money will assuredly be careful in spending their own, and they will take care that the teacher who gets my money will be worth his salt when he will also get money from them as well. So put your heads together, make up your minds, and let my example inspire you, for I can assure you that the greater the contribution you lay upon me the better I shall be pleased. You cannot make your children a more handsome present than this, nor can you do your native place a better turn. Let those who are born here be brought up here, and from their earliest days accustom them to love and know every foot of their native soil. I hope you may be able to attract such distinguished teachers that boys will be sent here to study from the towns round about, and that, as now your children flock to other places, so in the future other people's children may flock hither." I thought it best to repeat this conversation in detail and from the very beginning, to convince you how glad I shall be if you will undertake my commission. As the subject is one of such importance, I beg and implore you to look out for some teachers from among the throng of learned people who gather round you in admiration of your genius, whom we can approach about the matter, but in such a way that we do not pledge ourselves to employ any one of them. For I wish to give the parents a perfectly free hand. They must judge and choose for themselves; my responsibilities go no further than a sympathetic interest and the payment of my share of the cost. So if you find anyone who is confident in his own abilities, let him go to Comum, but on the express understanding that he builds upon no certainty beyond his own confidence in himself. Farewell. |
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25. Babylonian Talmud, Bava Metzia, None (3rd cent. CE - 6th cent. CE)
| 28b. אתיא לאחלופי בראשון הא קא אתי רגל שלישי,ת"ר בראשונה כל מי שמצא אבידה היה מכריז עליה שלשה רגלים ואחר רגל אחרון שבעת ימים כדי שילך שלשה ויחזור שלשה ויכריז יום אחד משחרב בית המקדש שיבנה במהרה בימינו התקינו שיהו מכריזים בבתי כנסיות ובבתי מדרשות ומשרבו האנסים התקינו שיהו מודיעין לשכיניו ולמיודעיו ודיו,מאי משרבו האנסין דאמרי אבידתא למלכא רבי אמי אשכח אודייא דדינרי חזייה ההוא בר נש דקא מירתת א"ל זיל שקול לנפשך דלאו פרסאי אנן דאמרי אבידתא למלכא,ת"ר אבן טוען היתה בירושלים כל מי שאבדה לו אבידה נפנה לשם וכל מי שמוצא אבידה נפנה לשם זה עומד ומכריז וזה עומד ונותן סימנין ונוטלה וזו היא ששנינו צאו וראו אם נמחת אבן הטוען:, big strongמתני׳ /strong /big אמר את האבידה ולא אמר סימניה לא יתן לו והרמאי אע"פ שאמר סימניה לא יתן לו שנאמר (דברים כב, ב) עד דרוש אחיך אותו עד שתדרוש את אחיך אם רמאי הוא אם אינו רמאי:, big strongגמ׳ /strong /big אתמר רב יהודה אמר אבידתא מכריז ור"נ אמר גלימא מכריז,רב יהודה אמר אבידתא מכריז דאי אמרת גלימא מכריז חיישינן לרמאי,ר"נ אמר גלימא מכריז לרמאי לא חיישינן דא"כ אין לדבר סוף,תנן אמר את האבידה ולא אמר את סימניה ה"ז לא יתן לו אי אמרת בשלמא אבידתא מכריז הא קמ"ל אע"ג דאמר גלימא כי לא אמר סימנין לא מהדרינן ליה אלא אי אמרת גלימא מכריז אמר איהו גלימא ואמר איהו גלימא צריכא למימר כי לא אמר סימנין לא מהדרינן ליה,אמר רב ספרא לעולם גלימא מכריז אמר איהו גלימא ואמר איהו סימנין ומאי לא אמר את סימניה לא אמר סימנין מובהקין דידה:,והרמאי אע"פ שאמר את סימניה ה"ז לא יתן לו: ת"ר בראשונה כל מי שאבדה לו אבידה היה נותן סימנין ונוטלה משרבו הרמאין התקינו שיהו אומרים לו צא והבא עדים דלאו רמאי את וטול,כי הא דאבוה דרב פפא אירכס ליה חמרא ואשכחוה אתא לקמיה דרבה בר רב הונא אמר ליה זיל אייתי סהדי דלאו רמאי את וטול אזל אייתי סהדי אמר להו ידעיתון ביה דרמאי הוא אמרו ליה אין אמר להו אנא רמאה אנא אמרו ליה אנן לאו רמאי את קאמרינן אמר רבה בר רב הונא מסתברא לא מייתי איניש חובתא לנפשיה:, big strongמתני׳ /strong /big כל דבר שעושה ואוכל יעשה ויאכל ודבר שאין עושה ואוכל ימכר שנאמר (דברים כב, ב) והשבותו לו ראה היאך תשיבנו לו,מה יהא בדמים ר"ט אומר ישתמש בהן לפיכך אם אבדו חייב באחריותן ר"ע אומר לא ישתמש בהן לפיכך אם אבדו אין חייב באחריותן:, big strongגמ׳ /strong /big ולעולם אמר רב נחמן אמר שמואל עד י"ב חדש תניא נמי הכי כל דבר שעושה ואוכל כגון פרה וחמור מטפל בהן עד י"ב חדש מכאן ואילך שם דמיהן ומניחן,עגלים וסייחין מטפל בהן שלשה חדשים מכאן ואילך שם דמיהן ומניחן אווזין ותרנגולין מטפל בהם שלשים יום מכאן ואילך שם דמיהן ומניחן,אמר רב נחמן בר יצחק תרנגולת כבהמה גסה תניא נמי הכי תרנגולת ובהמה גסה מטפל בהן שנים עשר חודש מכאן ואילך שם דמיהן ומניחן עגלים וסייחין מטפל בהן ל' יום מכאן ואילך שם דמיהן ומניחן אווזין ותרנגולין וכל דבר שטיפולו מרובה משכרו מטפל בהן שלשה ימים מכאן ואילך שם דמיהן ומניחן,קשיא עגלים וסייחין אעגלים וסייחין אווזין ותרנגולין אאווזין ותרנגולין,עגלים וסייחין אעגלים וסייחין לא קשיא הא דרעיא והא דפטומא,אווזין ותרנגולין אאווזין ותרנגולין נמי לא קשיא הא ברברבי הא בזוטרי:,ושאינו עושה ואוכל: תנו רבנן והשבותו לו ראה היאך תשיבנו לו שלא יאכיל עגל לעגלים וסיח לסייחין אווזא לאווזין ותרנגול לתרנגולין:,מה יהא בדמים רבי טרפון אומר ישתמש וכו': עד כאן לא פליגי | 28b. because perhaps one who hears him will bcome to confuseit bwith the firstpilgrimage Festival? The Gemara answers: Confusing the second Festival with the first is not a problem, as in any case, bwon’tthe finder bcomeon the bthird pilgrimage Festival,thereby giving the owner another opportunity to recover his lost item?,§ bThe Sages taught: Initially, anyone who found a lost item would proclaimhis find for bthree pilgrimage Festivals andfor bseven days after the lastof the three bpilgrimage Festivals, so thatits owner bwill go to his home,a trip lasting up to bthreedays, band will returnto Jerusalem, a trip lasting up to bthreedays, band proclaimhis loss for bone day.But bfromthe time bthat the Temple was destroyed, may it be rebuilt speedily in our days,the Sages binstituted thatthose who find lost items bshall proclaimtheir finds bin synagogues and study halls. And fromthe time bthat the oppressors proliferated,the Sages binstitutedan ordice bthatone who finds a lost item bshall inform his neighbors and acquaintances, andthat will bsuffice for him. /b,The Gemara asks: bWhatis the meaning of: bFromthe time bthat the oppressors proliferated?The Gemara answers: It is from the time bthat they say: A lost itembelongs bto the king.The Sages were concerned that any public proclamation would result in confiscation of the lost item. The Gemara relates: bRabbi Ami found a vesselfull bof dinars. A certain Roman saw that he was waryand hesitant to take it. The Roman bsaid to him: Go, take it for yourself; as we are not Persians, who say that a lost itembelongs bto the king. /b, bThe Sages taughtin a ibaraita /i: bThere was a Claimant’s Stone in Jerusalem,and banyone who lost an item would be directed there and anyone who found a lost item would be directed there. Thisfinder would bstand and proclaimhis find band thatowner bwould stand and provideits bdistinguishing marks and takethe item. bAnd that isthe place about which bwe learnedin a mishna ( iTa’anit19a): bGo and see if the Claimant’s Stone has been obscuredby the rising water., strongMISHNA: /strong If a claimant accurately bstatedwhat type of item bthe lost itemthat was found by another is, bbut did not state,i.e., describe, bits distinguishing marks,the finder bshall not giveit bto him. Andin the case of ba swindler, even though he stated its distinguishing marks,the finder bshall not givethe lost item bto him, as it is stated:“And if your brother be not near you, and you know him not, then you shall bring it into your house, and it shall be with you buntil your brother claims [ iderosh /i] it [ ioto /i],and you shall return it to him” (Deuteronomy 22:2). Would it enter your mind that the finder would give it to him before he claims it? How can the finder return it if he does not know the identity of the owner? Rather, the verb ideroshis not referring to the claim of the owner; it is referring to the scrutiny performed by the finder. You shall not return the lost item buntilyou bscrutinize [ ishetidrosh /i] your brotherto determine bwhetherhe, the claimant, bis a swindleror bwhether he is not a swindler. /b, strongGEMARA: /strong bIt was statedthat bRav Yehuda said:One who finds an item bproclaimsthat he found ba lost itemwithout specifying its nature. bAnd Rav Naḥman said:He specifies the nature of the item, e.g., bhe proclaimsthat he found ba cloak. /b, bRav Yehuda said:One who finds an item bproclaimsthat he found ba lost item, as if you saythat bhe proclaimsthat he found ba cloak, we are concerned aboutthe possibility that ba swindlermay attempt to claim the item. Perhaps the swindler learned that another person lost that item, and he will ascertain its distinguishing marks, provide those distinguishing marks, and claim the item., bRav Naḥman said:The finder bproclaimsthat he found ba cloak, and we are not concerned aboutthe possibility that ba swindlermay attempt to claim the item, bas if so, there is no end to the matter.Even if the finder does not specify the nature of the item, perhaps a swindler would be able to guess its nature.,The Gemara cites proof from that which bwe learnedin the mishna: If a claimant accurately bstateswhat type of item bthe lost itemthat was found by another is, bbut did not state its distinguishing marks,the finder bshall not giveit bto him. Granted, if you saythe finder bproclaimsthat he found an unspecified blost item, thismishna bteaches usthat beven thoughthe claimant indeed bstatedthat the lost item is ba cloak, aslong as bhe did not stateits bdistinguishing marks, we do not returnit bto him. But if you saythat the finder bproclaimsthat he found ba cloak,if the finder bstatedthat he found ba cloak andthe claimant bstatedthat he lost ba cloak,does it bneed to be saidthat bwhen he did not stateits bdistinguishing marks, we do not return it to him? /b, bRav Safra said: Actually,one could say that the finder bproclaimsthat he found ba cloak,and the mishna is referring to a case where the finder bstatedthat he found ba cloak, andthe claimant bstatedits bdistinguishing marks. And whatis the meaning of the phrase in the mishna: If he bdid not state its distinguishing marks?It means: If bhe did not state its clear-cut distinguishing marksbut rather stated distinguishing marks that are not exclusive to the item. Therefore, he does not prove his ownership.,§ The mishna teaches: bAndin the case of ba swindler, even though he stated its distinguishing marks,the finder bshall not givethe lost item bto him. The Sages taught: Initially, anyone who lost an item would provideits bdistinguishing marks and take it.But bwhen the swindlers proliferated,the Sages binstitutedan ordice bthatthe finders will bsay to him: Go and bring witnesseswho can testify bthat you are not a swindler, and takeyour item.,The Gemara relates: This is basin bthatincident involving bthe father of Rav Pappa,who blost a donkey andothers bfound it. He came before Rabba bar Rav Hunato reclaim his donkey. Rabba bar Rav Huna bsaidto the father of Rav Pappa: bGo and bring witnesseswho can testify bthat you are not a swindler, andyou may btakeyour donkey. The father of Rav Pappa bwent and brought witnesses.Rabba bar Rav Huna bsaid tothe witnesses: bDo you know about himthat bhe is a swindler?The witnesses bsaid: Yes.Rav Pappa’s father bsaid,incredulously, btothe witnesses: bI am a swindler?The witnesses bsaid to him: We were saying that you are not a swindler.They had thought the question was if he was not a swindler, and therefore responded in the affirmative. bRabba bar Rav Huna said:It bis reasonableto conclude that the witnesses actually intended to support Rav Pappa’s father, because presumably, ba person does not bring condemnation upon himself;Rav Pappa’s father would not have volunteered to provide witnesses who would testify against him., strongMISHNA: /strong If one finds banyliving bbeing that works andgenerates enough revenue to cover the costs of the food that it beats,it bshall work and eatwhile in the finder’s possession. bAnd anyliving bbeing that does not work butit does beat shall be sold, as it is stated:“Then you shall bring it into your house, and it shall be with you until your brother claims it, band you shall return it to him”(Deuteronomy 22:2), indicating that the finder must bsee howbest bto return it to him.Since the owner must repay the finder for his expenditures, if feeding the animal costs more than its value, the finder’s keep-ing the animal in his possession will prevent the owner from recovering it., bWhat shall bedone bwith the moneyreceived from the sale of the animal? bRabbi Tarfon says:The finder bmay use it; therefore, ifthe money bis lost,he is bliableto pay brestitutionfor bit. Rabbi Akiva says: He may not usethe money; btherefore, if it is lost,he is bnot liableto pay brestitutionfor bit. /b, strongGEMARA: /strong The mishna teaches that an animal that generates enough revenue to cover the costs of the food that it eats shall work and eat while in the finder’s possession. The Gemara asks: bAndmust he care for the animal bforever? Rav Naḥman saysthat bShmuel says:He cares for the animal buntil twelve monthspass. bThis is also taughtin a ibaraita /i: If one finds banyliving bbeing that works andgenerates enough revenue to cover the costs of the food that it beats, e.g., a cow or a donkey,he btends to them until twelve monthspass. bFrom thatpoint bforward, one assesses their value,sells them, band placesthe money aside for the owner.,If one finds bcalves and foals,which are young and unfit for labor, bhe tends to themfor bthree months,as they do not earn their keep. bFrom thatpoint bforward, one assesses their value,sells them, band placesthe money aside for the owner. If one finds bgeese and roosters, he tends to themfor bthirty days. From thatpoint bforward, one assesses their value,sells them, band placesthe money aside for the owner., bRav Naḥman bar Yitzḥak says:The legal status of ba chicken is likethat of ba large domesticated animalin that the eggs it lays suffice to cover the cost of its food, and therefore the finder keeps it for twelve months. bThis is also taughtin a ibaraita /i: If one finds ba chicken and a large domesticated animal,he btends to them for twelve months. From thatpoint bforward, one assesses their value,sells them, band placesthe money aside for the owner. If one finds bcalves and foals, he tends to themfor bthirty days. From thatpoint bforward, one assesses their value,sells them, band placesthe money aside for the owner. If one finds bgeese and roosters and anything thatcosts bmore to tend to thanthe brevenuegenerated by bit, he tends to themfor bthree days. From thatpoint bforward, one assesses their value,sells them, band placesthe money aside for the owner.,The Gemara asks: It is bdifficult,as there is a contradiction between the ruling in the first ibaraitathat the finder keeps bcalves and foalsfor three months bandthe ruling in the second ibaraitathat the finder keeps bcalves and foalsfor thirty days; and there is another contradiction between the ruling in the first ibaraitathat the finder keeps bgeese and roostersfor thirty days, bandthe ruling in the second ibaraitathat the finder keeps bgeese and roostersfor three days.,The Gemara answers: The contradiction between the ruling in the first ibaraitawith regard to bcalves and foals andthe ruling in the second ibaraitawith regard to bcalves and foalsis bnot difficult. Thisruling in the first ibaraitathat the finder keeps them for three months is referring to calves and foals bthat grazein the pasture, band thatruling in the second ibaraitathat the finder keeps them for thirty days is referring to calves and foals bthatneed to be bfattenedand therefore require greater exertion on the part of the one who finds them.,The contradiction between the ruling in the first ibaraitawith regard to bgeese and roosters andthe ruling in the second ibaraitawith regard to bgeese and roostersis balso not difficult. Thisruling in the first ibaraitathat the finder keeps them for thirty days is referring bto largegeese and roosters, which do not require great exertion, band thatruling in the second ibaraitathat the finder keeps them for three days is referring bto smallgeese and roosters, which require great exertion.,The mishna teaches: bAndany living being bthat does not work butit does beatshall be sold. bThe Sages taughtin a ibaraita /i: The verse states: b“And you shall return it to him”(Deuteronomy 22:2), indicating that the finder must bsee howbest bto return it to him,meaning bthatone bshall not feedthe value of ba calf tothe lost bcalvesthat he is tending, bnorthe value of ba foal tothe lost bfoalsthat he is tending, bnorthe value of ba goose tothe bgeesethat he is tending, bnorthe value of ba rooster tothe broostersthat he is tending. Were the finder to do so, ultimately, the owner would receive nothing.,§ The mishna teaches: bWhat shall bedone bwith the moneyreceived from the sale of the animal? bRabbi Tarfon says:The finder bmay use it;therefore, if the money is lost, he is liable to pay restitution for its loss. Rabbi Akiva says: He may not use the money. Therefore, if it is lost, he is not liable to pay restitution. The Gemara analyzes the tannaitic dispute: Rabbi Tarfon and Rabbi Akiva bdisagree /b |
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