Bava Metzia, Chapter 2, Mishnah 2. INSPIRED BY Rabbi Dovid Spetner. The previous Mishnah opened with a question: regarding one who finds a lost object, which things is he permitted to keep for himself, and which things is he obligated to announce - to locate the owner and fulfill the mitzvah of returning a lost object with them. Our Mishnah deals with the other side: "Ve'elu chayav lehachriz" - "And these he is obligated to announce" - these are the things that the one who finds them is obligated to announce and find their true owner, as much as it is in his power.
The reason for the obligation in all these:
The reason for all of them is the same, as in the previous Mishnah: we can assume that the one who lost the item has not yet despaired of the lost object, and therefore it still belongs to him. And how is it determined whether he despaired or not? Based on the existence of an identifying mark - if there is any way to identify the object, the owner does not despair, for he says to himself: "I will be able to identify it and get it back." Therefore, all the things listed in the Mishnah require an announcement, because they have an identifying mark.
Several types of identifying marks are found in the Mishnah:
A physical mark: an unusual feature in the object itself, which serves as an identifying characteristic.
A quantitative mark: a less qualitative mark - the number of items, their weight or their size.
A location mark: the place where the object was placed, which also serves as a mark.
Let us examine the language of the Mishnah:
"Matza peiros bikli o kli kemos shehu" - "One who found fruit in a vessel or a vessel as is" - "fruit" in the language of the Mishnah generally describes agricultural produce of any kind. During the time of the Mishnah, vessels were not identical industrial products copied from one another, but fragile handiwork, and each vessel had its own unique characteristics. Therefore, one who finds something inside a vessel, or a vessel on its own, is obligated to announce it, since it can certainly be assumed that the vessel has a uniqueness that serves as an identifying mark, and the owner will recognize his vessel.
And if you say: with a vessel it is understandable, but from where do we know that one must return its contents as well? After all, the produce itself is not a vessel and has no identifying mark. The answer is learned from the verses cited in the previous Mishnah: aside from the general obligation to return any lost item of your brother, explicit examples were listed - an ox, a sheep, a donkey, and a garment, and each of them comes to teach a matter. The donkey teaches that if a generic donkey is found with no identifying mark, and upon it is a saddle which is a vessel and has a recognizable mark, we return not only the saddle but the donkey with it. So too here: we return not only the vessel, but the vessel together with the food inside it.
And if you say: if the first clause deals with food in a vessel, and because of the vessel's mark the food is also returned, why did it also teach a vessel on its own? This is a teaching in the manner of "not only this, but also this" - it is not strictly necessary, and nevertheless the Mishnah taught it.
Money inside a purse: One who finds money inside a simple purse or wallet is obligated to return it. The vessel containing the money is like any other vessel - handiwork that has a unique characteristic, and therefore it has an identifying mark.
A pile of fruit: In the fruit itself there is no identifying mark, for every grain of wheat is similar to its fellow and every apple is similar to its companion. But if they were placed in a pile, it means they did not fall on their own and scatter as in the previous Mishnah, but were placed intentionally, and the location itself serves as an identifying mark. The owner will say: "I placed my sack of wheat leaning against the palm tree," and the palm tree is the identifying mark for recognition. Therefore, something placed in a recognizable manner - has an identifying mark of location.
And even if it was placed in a public area with traffic, people do not step on food but bypass it, and the item remains in its place.
A pile of money: The same idea - the money is placed in a specific location, and it has an identifying mark of location that is sufficient for identification.
Three coins one on top of the other: When the coins are placed on top of one another in a specific formation, like a pyramid, it is proven that they were intentionally placed this way, and their number is also known. The Tur and the Poskim write that even without a specific location, stating the number is sufficient - that there were three in this sack or four in this sack - to be considered an identifying mark. Therefore, one who finds a pile of money in a specific formation is obligated to announce it, for the owner will say: "I lost money that was placed in such a formation," and this is an identifying mark. From the language of Rashi it appears that one must provide both the number and the location, while according to the Tur, and so the halachah appears to be, the number alone is sufficient.
"Kerichos birshus hayachid" - "Sheaves in a private domain" - sheaves that were tied together, such as of wheat. The intention is not specifically to another person's private property, for in such a place the finder is not permitted to take it at all, because it is not a lost object but money placed in its owner's domain. The intention is to a place that is not a public domain, where there is no real traffic, and therefore there is no concern that people stepped on the object and moved it from its place or damaged its mark. Consequently, the location, or the manner of tying, serves as an identifying mark that obligates an announcement.
"Vechikaros shel baal habayis" - "And loaves of a homeowner" - unlike the previous Mishnah, which dealt with loaves that came out of a bakery and are all identical to one another, with homemade bread each loaf is slightly different from its fellow, made with love and attention, and its owner recognizes exactly how he placed the toppings or braided the dough.
"Vegizei tzemer halekuchos mibeis ha'uman" - "And shearings of wool taken from the craftsman's house" - anyone who shears his wool hands it over to a dyer, and he dyes everything. When dozens of sacks of wool dyed in the same shade are placed outside the craftsman's house, the Mishnah assumes that the dyer is careful not to mix one person's wool with another's, since each person's wool differs in its quantity, and therefore he would tie its end in a unique, identifiable manner, such as a different type of knot. This is similar to identical white shirts handed in for dry cleaning, where the owner's initials are fastened to each shirt to know to whom it belongs. Therefore, one who finds such wool can return to the craftsman and say to him: "I found wool with this knot, check your ledger to see to whom it belongs," and in this way the owner can be identified.
"Kadei yayin vechadei shemen" - "Pitchers of wine and pitchers of oil" - the pitcher maker stamps them with his seal, and consequently the pitcher has a unique characteristic and a way to identify it. Therefore, one who finds a pitcher of wine or a pitcher of oil is obligated to announce it, and the owner will recognize his seal.
It is proper to pay attention to what the Gemara says: if we are dealing with a winery that has a hundred identical pitchers, which it sells to local stores to sell its wine, and in this season there are many identical pitchers in the market - this is not an identifying mark. The assumption in the Mishnah is that this is not the season in which many identical pitchers circulate, and therefore that person's private pitcher serves as a recognition and an identifying mark that will allow him to get his pitcher of wine or oil back.
"Harei elu chayav lehachriz" - "These he is obligated to announce" - all the things the Mishnah listed are obligated in an announcement: the finder must publicize the matter, hang a sign, and the like, to clarify who the true owner is, so that he will provide its identifying marks and receive his lost object back.