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1) DO WE ACT ACCORDING TO A RECEIPT?

(a) (Beraisa): A receipt which has witnesses - it is validated through the signatures.
(b) Rejection: It is validated (established) by asking the signers if the loan was paid.
(c) (Beraisa): A receipt that has witnesses is Kosher.
(d) Rejection: It means, if it has witnesses that validated it (by saying that they saw the loan).
(e) Support (end of the Beraisa): A receipt that has no witnesses is invalid.

1. If is has no witnesses at all - this is obvious!
2. Rather, it has no witnesses that testify to the loan (even though witnesses are signed on it).

(f) (Beraisa): A receipt which has witnesses - it is validated through the signatures;

1. If it has no witnesses, and a third party holds it or it is written on the loan document below the signatures, it is valid.

i. If a third party holds it, it is valid, for the lender trusted the third party;
ii. If it is written on the loan document below the signatures, it is valid, for the lender would not allow them to taint his document unless he was really paid.

2) WHICH FOUND OBJECTS MAY BE KEPT

(a) (Mishnah - R. Meir): One who finds any of the following may keep it: scattered produce or coins, small bundles of sheaves in the public domain, rings of figs, baker's loaves, fish threaded on strings, pieces of meat, wool shearings left as shorn, bundles of flax, and strips of purple wool;
(b) R. Yehudah says, anything abnormal, one must announce to return it, such as a ring of figs with pottery inside.
(c) R. Shimon ben Elazar says, Anpurya vessels (to be explained), one need not announce.
(d) (Gemara) Question: How much scattered produce is permitted to keep?
(e) Answer (R. Yitzchak): One Kav spread over four Amos.
(f) Question: What is the case?

1. If it is scattered as produce that fell - even more than this, he should be allowed to keep!
2. If it seems that it was placed down and not fallen - even less than this, it should be forbidden to keep!

(g) Answer (Rav Ukva bar Chama): The case is, it was the time (Rashi; Rambam - place) of gathering the produce (this was left over).

1. If one Kav is spread over four Amos, the owner will not exert himself to gather it, he makes it Hefker; if it is closer together than this, he gathers it.

(h) Question (R. Yirmeyah): A half Kav spread over two Amos - what is the law?

1. The reason he does not gather one Kav in four Amos is because the exertion is too much - here, it is not so much exertion;
2. Or - the reason he does not gather one Kav in four Amos is because it is not worth very much - also a half Kav spread over two Amos he makes Hefker.

(i) Two Kavim spread over eight Amos - what is the law?

1. The reason he does not gather one Kav in four Amos is because the exertion is too much - all the more so, here;
2. Or - the reason he does not gather one Kav in four Amos is because it is not worth very much - but two Kavim in eight Amos is worthwhile.

(j) Question: A Kav of sesame over four Amos - what is the law?

1. One does not gather one Kav in four Amos because it is not worth very much - but sesame is worth a lot;
2. Or - one does not gather one Kav in four Amos on account of the exertion - all the more so sesame, which is hard to gather.

(k) Question: A Kav of dates or pomegranates over four Amos - what is the law?

1. One does not gather one Kav in four Amos because it is not worth very much - also dates and pomegranates;
2. Or - one does not gather one Kav in four Amos on account of the exertion - but dates and pomegranates are easy to gather.

(l) These questions are unsettled.

3) SOMEONE WHO DOES NOT KNOW TO DESPAIR

(a) (Abaye): Something a person would despair from if he knew that he dropped it, but he does not know that he dropped it - we do not consider it as if the owner despaired;
(b) (Rava): We do consider it as if the owner despaired.

1. Regarding something which has a Siman ( a distinguishing mark which only the owner would know), all agree that we do not consider it as if the owner despaired;

i. Even if we heard him despair later - this does not allow the finder to keep it, since when he picked it up it was forbidden (because normally, when a person loses something with a Siman , he expects to get it back by giving the Siman ).

2. Something deposited by a high tide or an overflowing river - all agree, even if it has a Siman , the Torah lets the finder keep it (as we shall explain later).
3. They argue by something which has no Siman .

i. Abaye says that we do not consider it as if the owner despaired, because he does not yet know;
ii. Rava says that we consider it as if the owner despaired, for when he finds out, he will despair.

(a) (The Gemara tries to bring proofs for Rava from our Mishnah and other sources which permit keeping things, even though the owner does not know that he dropped it.)
(b) Proof (Mishnah): One who finds scattered produce may keep it (although we are not sure that the owner knows that he lost it).
(c) Rejection: Rav Ukva bar Chama established the case to be leftover produce at the time (or place) of gathering - the owner knows that he lost it.
(d) Proof (Mishnah): Or scattered coins.
(e) Rejection: R. Yitzchak explained - this is because people constantly check their wallets (surely, the owner realized that he dropped it before the finder found it),
(f) Proof (Mishnah): Rings of figs or baker's loaves.
(g) Rejection: Since they are heavy, surely the owner realized that he dropped them.
(h) Proof (Mishnah): Strips of purple wool.
(i) Rejection: Since they are valuable, people constantly feel (to check that they still have them), just as they check their wallets (according to R. Yitzchak).
(j) Proof (Beraisa): One who finds coins in a synagogue, Beis Medrash or any place where many people go, he may keep them, because the owner despairs.
(k) Rejection (R. Yitzchak): This is because people constantly check their wallets.
(l) Proof (Mishnah): Everyone (i.e. even rich people) are permitted to take Leket (gleanings) after the Nemushos passed through.

1. Question: What are Nemushos?
2. Answer #1 (R. Yochanan): Elderly people that walk on canes (they are slow, and do not miss anything).
3. Answer #2 (Reish Lakish): The second wave of collectors.
4. Even though poor people here may know that they have passed through, poor people elsewhere do not and have not despaired (yet the Leket is permitted to all)!

(m) Rejection: Since there are poor people here, poor people elsewhere despair from the outset.