Rabbinic JudaismMishnah Bava Metzia 1HOLYMAP · SACRED TEXTS
The MishnahMishnah Bava Metzia 1

The Mishnah

Mishnah Bava Metzia 1

1
English · Joshua Kulp

If two people are grasping a cloak: One says, “I found it” and the other says, “I found it”, or one says “It’s all mine”, and the other says, “It’s all mine”, they each swear that they don’t own less than half of the cloak and they split the cloak. one says, “It’s all mine” and the other says, “It’s half mine”, the one who says, “It’s all mine” swears that he doesn’t own less than ¾ and the one who says “It’s half mine” swears that he doesn’t own less than ¼, and the former takes ¾ and the latter takes ¼.

2
English · Joshua Kulp

If two men were riding on an animal, or one was riding and the other was leading the animal, and one of them said, “The animal is all mine”, and the other said “It is all mine.”, they each swear that they don’t own less than half of the animal and they split it. If after the case is settled, they both admit to the others claim, or if there are witnesses they can split the animal without an oath.

3
English · Joshua Kulp

If a man was riding on a beast and saw lost property and said to his fellow, “Give it to me”, and the other took it and said, “I have acquired it”, he (the other) has acquired it. But if after he gave it to him he said, “I acquired it first”, he has said nothing.

4
English · Joshua Kulp

If a man saw lost property and fell upon it and someone else came along and seized it, he that seized it acquired it. If a man saw people running [in his field] after lost property [such as] a deer with a broken leg, or pigeons that couldn’t fly, and he said, “My field acquires [them] for me”, he has acquired them. But if the deer was running normally or the pigeons flying, and he said, “My field acquires [them] for me”, he has said nothing.

5
English · Joshua Kulp

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. 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.

6
English · Joshua Kulp

If a man found debt documents he should not return them [to the creditor] if they recorded a lien on the [debtor’s] property, since the court would exact repayment from the property. But if they did not record a lien on the [debtor’s] property he may return them, since the court would not exact payment from the property, according to Rabbi Meir. But the Sages say: “In either case he should not return them, since [in either case] the court would exact payment from the property.”

7
English · Joshua Kulp

If a man found bills of divorce, or writs of emancipation or wills, or deeds of gifts, or receipts, he should not return them, for I might say, “they were written out, and the writer might have changed his mind and decided not to give them.”

8
English · Joshua Kulp

If a man found letters of evaluation, or letters of sustenance, or documents of halitzah or refusal, or documents of arbitration or any document drawn out by the court he should return them. If he found documents in a satchel or bag, or a bundle of documents he should return them. How many count as a bundle of documents? Three tied up together. Rabban Shimon ben Gamaliel says: [If one found three documents in which] one borrowed from three others, they should be returned to the borrower. But if [one found three documents in which] one loaned to three, they should be returned to the lender. If a man found a document among his documents and he does not know what is its nature, it must be left until Elijah comes. If there were postscripts amongst them, he should do what is stated in the postscript.

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Mishnah, ed. Romm (Vilna, 1913). Public domain. Digital text from Sefaria (sefaria.org). · Source ↗

Mishnah Yomit, translated by Dr. Joshua Kulp (Conservative Yeshiva, Jerusalem). CC BY. Text from Sefaria (sefaria.org). · Source ↗

English translation: Mishnah Yomit by Dr. Joshua Kulp (Conservative Yeshiva, Jerusalem), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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