Introduction to Talmud
This year
we will be studying the second chapter of tractate Bava Metziah. This chapter is traditionally the first
chapter taught to children who are first beginning to study Talmud. One should not understand that the
contents of this chapter are childish in any way. On the contrary, this chapter deals with
property law, specifically the laws pertaining to lost objects. In my opinion, ‘Elu metziot’, as
our chapter is called, is used as an introductory chapter for several
reasons. First of all,
traditionally the laws concerning monetary affairs (the laws covered in the
Choshen Mishpat section of the Shulchan Aruch, the Code of Jewish
Law) are considered to be the ‘meat and potatoes’ of a Talmudic education. The breadth of understanding and
depth of analysis required for these subjects surpass all others. Our chapter is not an exception to this
rule, yet at the same time, the laws discussed in it can be understood through
the application of relatively few principles and concepts. Thus we have an opportunity to
experience authentic Talmudic reasoning without having to spend too much time
filling in the background. In
addition, the tradition of beginning from a chapter dealing with property law
has its own educational point.
Ritual law that we practice at regular intervals, like the laws of
Shabbat or the laws of blessings, may seem to be a more pressing item on the
Talmud curriculum. By beginning
with a chapter that is on the one hand applicable to our lives but at the same
time not part of its ritual aspect, we are sending a message to our
students and ourselves that the Torah demands integration. HoH The holiness demanded of us
cannot be achieved solely through ritual or conventional religiosity. We are commanded to pursue holiness in
our interpersonal dealings, as exemplified in the commandment to return a lost
object. Finally, starting with
‘Elu metziot’ sends us another message. Most of the legal discussion that we
will encounter is not directly applicable to our lives, even if the general
topic of returning lost objects is.
By beginning with such a chapter, we train ourselves in the value of
Torah Le-Shma, of Torah for it own sake.
We join in the community of learning for whom the point of the learning
is the fulfillment of the divine command to learn. Learning becomes an end in itself, and
ultimately, one of the central ways in which a Jew worships the Creator.
This year’s course does
not require having participated in last year’s course. In fact, all that is required is the
ability to read basic Hebrew, and the willingness to exert some effort on a
regular basis in order to attain the skills needed to set sail in the
‘
Chapter
Elu Metziot
As
mentioned above, the subject of our chapter is the laws pertaining to lost
objects. The Talmud, in its way,
does not introduce a topic in a logical order but rather dives right into a
discussion of particular cases and laws.
This discussion assumes the knowledge of the basic norms and concepts
that underwrite the specifics being discussed. In our case, the issue at hand is the
fulfillment of two commandments:
The first is the positive commandment to return lost objects. The second
is the prohibition to ignore a lost object so as not to be responsible for
returning it. These commandments
appear in the Torah in two places:
Shemot
(Exodus) 23:4
“If thou meet thine enemy's
ox or his ass going astray, thou shalt surely bring it back to him
again.”
Devarim (Deuteronomy)
22:1-3
1) Thou
shalt not see thy brother's ox or his sheep driven away, and hide thyself from
them; thou shalt surely bring them back unto thy brother. 2)
And if thy brother be not nigh unto thee, and thou know him not, then
thou shalt bring it home to thy house, and it shall be with thee until thy
brother require it, and thou shalt restore it to him. 3) And so shalt thou do with his ass;
and so shalt thou do with his garment; and so shalt thou do with every lost
thing of thy brother's, which he hath lost, and thou hast found; thou mayest not
hide thyself. (JPS
translation).
We can see that the Torah rejects the principle “finder’s keepers, loser’s weepers’. One is commanded to return lost objects to their rightful owner. If this is too difficult, then one must hold the lost object until it can be returned to its owner. The verses provide us with the general attitude of the Torah as related to lost objects, but much remains unsaid: Must all lost objects be kept for the owner? How is the owner to identify that the object is his or hers? How do we prevent someone from “collecting” a lost object does not really belong to him or her? What if it is impossible to identify the owner of the lost object? All of these questions and more are addressed in the Talmudic discussion of these mitzvot. At times this might not be obvious, as the Talmud generally deals with very concrete cases. As we proceed, part of what we need to learn how to do is to find how the specifics discussed in the Mishna and Gemara addresses the questions listed above. Now to work!
Open your gemara to
page 21a or click
here. Read the mishna. When
interpreting
the mishna, you should make use of the following technique: many mishnayot(plural of mishna) that
have legal content (and almost all of them do) can be analyzed into component
parts of a case, and the relevant law (din) as applied to that case. The case is the setting, the real world
situation to addressed, while the din is the normative response to that
setting. There will never be a
machloket (disagreement) about a case – that would make no sense, since
the case is merely the description of a situation. On the other hand, you will find
disagreements (machlokot – plural) about dinim (plural of
din) in nearly every mishna.
The din, depending upon the context, will be described usually
using words with normative or regulative content: Chayav (liable), patur (not liable),
asur (forbidden), mutar (permitted).
Occasionally, you will come across mishnayot that are not structured this
way, either because they do not contain legal content at all (e.g. Pirkei Avot)
or because they are straight descriptions of legal principles (e.g.the first two
chapters of Bava Kama). As you
become more familiar with the material, it will become easy to recognize which
mishnayot fit this model and when this analytical technique is appropriate. It is a good idea to train yourself to
automatically analyze a mishna (or other halachic statement) that is structured
in this way in terms of case and din. Let us apply this technique to our
mishna.

The mishna begins with
a generalization: “Some finds
belong to the finder; others must be announced.” Subsequently the mishna lists
articles belonging to the first category: “These belong to the finder: If one finds scattered fruit, scattered
money etc.” This list continues to
the end of the mishna. The second
category, of things that must be announced, is not elaborated here; it is taken
up in the next mishna (see p. 24b) that begins “And these one is obligated to
announce…” Let us apply our
analytical technique to our mishna.
Which elements constitute the case(s)? Where would you say the language of the
mishna shifts from description of the case to the assertion of the din?
Take a moment and try to do this for yourself before you read
on.
The case
is the description of a person who has found certain lost objects. “One who
found scattered fruit, scattered coins, small sheaves in a public area, round
cakes of pressed figs, a baker’s loaves, strings of fishes, pieces of meat,
fleeces of wool that have been brought from the country, bundles of flax and
stripes of purple colored wool.”
The din immediately follows:
“all these are his (the finder’s)."
This din, however, is not the consensus, as the mishna goes on “so
says R. Meir”. We will come
back to this list in a moment. The
next part of the mishna seems to diverge from the case/din
structure. R. Yehuda asserts a
general legal principle: “Anything
that has in it something unusual must be announced.” along with an example
illustrating that principle: “How?
If one
finds a
round [of figs] containing a potsherd or a loaf containing money.” Subsequently, we are taught, in the name
of R. Shimon ben Elazar a different principle: “All klei anforia do not need to
be announced. At this point I want to
look more closely at the case and the din mentioned in the name of R.
Meir. We will return to the
opinions of R. Yehuda and R. Shimon ben Elazar in a later shiur
(lesson). What are we to make of
the list of items that belong to the finder? Presumably, these items are ordinary
2nd century C.E. consumer items. Why does the finder get to keep them and
why does he not need to fulfill the commandment of “hashavat aveidah”
(returning a lost object) that we mentioned above? Before we answer, let us take
a look at the next mishna, which appears on p. 24b. As we can see, this mishna is the
continuation of our own, and completes the list begun in our mishna. Here we are told “These (found objects)
one is obliged to announce - If one finds fruit in a vessel, or a vessel by
itself, money in a purse, or a purse by itself, piles of fruit, piles of coins,
three coins one on top of another, bundles of sheaves in private premises, home
made loaves, fleeces of wool from the craftsman’s workshop, jars of wine or jars
of oil – these must be proclaimed”
In the following table, you can see a comparison of the lists in the two
mishnayot. Can you determine the
defining feature(s) of the list in the first mishna, such that these items do
not need to be returned while those listed in the second must be proclaimed (in
order to return them)?
|
Mishna 1 – items that belong to
the finder |
Mishna 2 – items that must be
proclaimed |
|
Scattered
fruit |
Fruit in a vessel, piles of
fruit |
|
scattered
coins |
money in a purse, piles of
coins, three coins one on top of another |
|
|
vessel by itself, a purse by
itself |
|
sheaves in a public
area |
sheaves in private
premises |
|
round cakes of pressed
figs |
|
|
a baker’s
loaves |
Home-made
loaves |
|
strings of
fishes |
|
|
pieces of
meat |
|
|
fleeces of wool that have been
brought from the country |
fleeces of wool from the
craftsman’s workshop |
|
bundles of
flax | |
|
stripes of purple colored
wool | |
|
|
jars of wine or jars of
oil |
Make a
note of what you have come up with.
We will now directly
address the question why the finder of the items listed in our mishna is not
required to fulfill the commandment of hashavat aveidah (returning a lost
object). We will do this by looking
in the most essential Talmudic commentary, that of Rashi. Ideally, you have the text of Rashi in
front of you, on the inside column (in this case, the right) of the page, in
Rashi script. If you don’t, or have trouble reading it, scroll
to the end of this shiur for Rashi on the Mishna in Hebrew and English. Read Rashi’s first comment now. Note how each comment is prefaced by a
quote from the text, called a “dibur hamatchil.” We will follow the
English convention and write s.v. (Latin for sub voce) to refer to the opening
quote of a commentary. At the
beginning of the chapter, Rashi writes the first words of the chapter, in this
case, “Elu metziot”.
The first comment Rashi makes directly addresses our question:
one who found scattered
fruit – the owners have been mityaesh
(despaired of recovering them), as it says in the gemara, and they are
hefker (ownerless).
Why is
the finder in our mishna not obliged to announce that he has found a lost
object, and thus begin the process of its return? Rashi explains that in the case of
scattered fruit, we can presume that the owners have undergone yeush;
they have despaired of ever getting their object back. Once the owners have despaired, claims
Rashi, a lost object becomes hefker, ownerless. Thus, there is no obligation on the part
of the finder to return this object to its owner, since there is no
owner.
The question remains, however, as to why there is a presumption of yeush regarding scattered fruit (and presumably the other items listed in our mishna) and not about the things listed in the next mishna. What is it about the items on our list that gives rise to the presumption that the owners’ of these objects were mityaesh? Rashi addresses this question in his next comment. Read s.v. maot mefuzarim (scattered coins) now and try to pinpoint how Rashi answers our question.
Rashi points out that
the defining feature of the list in our mishna is that none of the objects
therein have a siman (recognizable sign). Why does this matter?
Before we address
Rashi’s answer, let us consider the alternative. How would one go about returning some
standard consumer good and such like, indistinguishable from others of its
type? How does the owner to
identify himself to the finder? If
I announce that I have found a ten dollar bill, how can I distinguish between
the real owner, to whom I want to return it, and the cheat who wants to make an
easy ten bucks? One could propose
that in the absence of simanim, of ways to identify the lost object as
his own, the owner has no way to prove that it belongs to him and thus the
finder gets to keep it by default.
This is not the halacha’s attitude to this question. One does not gain the right to take
possession of someone else’s property merely from his inability to prove his
ownership. In order for the finder
to gain access, the owner must withdraw his connection to his property. We have explained, with Rashi’s
help, that finder’s keepers only when there is yeush, which causes the
original owner to fall out of the picture.
Our problem then becomes determining whether or not yeush in fact
took place.
Rashi makes the
connection between simanim (plural of siman) and
yeush. When one loses
something that is not identifiable, that has no simanim, one despairs of
getting it back and thus makes it hefker
(According to Rashi).
Since you have no way of proving to the finder that it is your lost
object, we can presume that you have given up hope, that you were
mityaesh. Thus, the finder
of a lost object without simanim can presume that yeush has taken
place and keep the object. Our list
of items in the mishna is a list of typical lost objects that do not have
simanim, and therefore, “Elu metziot shelo” – these found
objects are the finder’s.
Conclusion.
In our discussion of
the mishna, we have encountered the two central concepts that are going to
occupy us for the foreseeable future:
yeush and simanim.
We have seen that the finder can keep the lost object only when the owner
has been mityaesh. We have
also learnt that regarding an object that has no simanim, there is
a presumption of yeush on the part of the owners. The gemara, which we will begin learning
next week, will discuss these two concepts and the relationship between them at
great length. For next week, we will study the gemara that begins after the mishna on p.21a until
the second to last word on the page, “teiku”.
Things to
think about until the next shiur:
1.
If you go
back to the comparison between our mishna, containing the list of things the
finder can keep, and the next mishna, which lists items that must be announced
and returned, you will notice that
in one case, the identical object (crichot (small sheaves),
appears on both lists. The
difference between them is only their location: if they are found in reshut
harabim (a public thoroughfare) they belong to the finder while if they are
found in a reshut hayachid (private space), they must be announced. What is the explanation for this
difference? See Rashi on our
mishna, s.v. bereshut harabim.
1.
What
counts as a siman? Can you
imagine situations in which there is yeush despite the presence of
simanim?
Introduction
to the Study of Talmud
01:
Introduction
Having
an introductory lesson to a course entitled "Introduction to the Study of
Talmud" might seem redundant. The
answer, however, is embedded in the title of the course. This is not an introduction to the
Talmud, but an introduction to the STUDY of Talmud. If I were writing an introduction to the
Talmud, we could easily reach an entire year's worth of introductory lectures,
which I think would in fact be interesting and informative, without ever
reaching the actual learning of the text.
However, most of the important information included in those lectures
would not really be appreciated until we got down into the workings of text
itself. In fact, for nearly all of
the history of Talmud study, the only way one learned "how to learn" was by
jumping into the text, a text which for thousands of years has been called the
"
For
this course, I am assuming no background at all, a clean slate, so to
speak. Some of these points may be
known to many of you, and for that I beg your forbearance.
1. A word or two on
text.
Talmud
consists of two distinct primary texts, the Mishna and the Gemara. Surrounding these two, there exists a
huge literature, spanning 1800 years and thousands of books, of commentaries,
summations, and extended discussions, which continues to this day. When we study Talmud, we are in fact
addressing that entire literature, though obviously much of it must wait for
advanced levels of learning. But
even on the beginning level of this course we are not studying a BOOK, but
rather a literature, which in fact precedes the actual Talmud, and of course
extends beyond it. From a literary
point of view, the Talmud is the basis and core text, most importantly because
it is authoritative, and hence is the starting-point for any subsequent
discussion.
The
Mishna is printed as a distinct work, and often studied separately. In editions of the Talmud, the Mishna is
printed together with the Gemara as a unit, and that is the way we shall be
studying.
The
Mishna is a halakhic code. It
presents a set of rulings on all halakhic matters, in all areas of life. True to the nature of the Oral Law, it
is not generally written in a monolithic manner, but rather preserves
controversies and disagreements, hundreds of them, from the authorities of the
Mishnaic period, roughly the first century and a half of the Common Era. Rabbi Yehuda HaNasi, the head of
Palestinian Jewry, compiled the present form of the Mishna and thereby
summarized and codified the halakhic rulings of the previous centuries. This was the first code of Jewish
law.
The
Gemara is the record of two centuries of discussion, argument, elucidation, and
controversy surrounding the text of the Mishna, first in the
The
previous paragraph has illustrated, inter alia, an important technical aspect of
our study. The Mishna is written in
Hebrew (in a dialect that is called by the linguists, not surprisingly, Mishnaic
Hebrew). The Talmud is written in a
mixture of Hebrew and Aramaic. Both
are filled with hundreds of technical terms, both legal and logical, which are
often difficult to translate. I
shall of course translate or explain them as they come up, but we shall prefer
the use of the original terms even in an English-language lecture. Our goal, again, is to study text, and
to enter into the world of Talmudic study.
Every Talmudic discussion consists of a "hava amina," literally, "I would
have said," and a "maskana," a conclusion.
A standard question when reading a position that is rejected by the
Gemara is to ask, "what was the hava amina?"; i.e., what was the (ultimately
rejected) understanding of the subject that underlay the opening position
expressed in the gemara. Once you
answer that question, the teacher asks the opposite question - "now tell me what
is the maskana," meaning not the conclusion itself, but the change in logic that
caused the change in position.
I
assume that Aramaic, and perhaps Mishnaic Hebrew is not a language in which most
of you are fluent. All editions of
the Talmud are accompanied by running explanatory commentaries, the most
important of which is that of Rashi (R. Shlomo Yitzchaki, 11th century
(The Talmud as a whole is usually printed in 20 very large
volumes. The Schottenstein
translation is much larger, with each normal volume of the Hebrew original
divided into three translated volumes with commentary. Buying the whole set will make a
significant dent in your bank account, but will enrich you immensely. For the purpose of this course, buying
ONE volume will suffice. In any
event, each page of Talmudic text will be posted on the web, so you can manage
to get by without spending a penny.)
While
I recommend a translation, and will translate myself as we continue and provide
a glossary, the text we are studying will be the original. The ability to read the Hebrew words is
assumed. I shall be constantly
referring to the Hebrew and Aramaic text (with explanation and translation), for
again, the purpose is to introduce you to the study of Talmud as all students of
Talmud study it, which is the original, with the traditional commentaries (all
of which are not available in translation in any event).
2. The "daf" - a
page of Talmud
The
Hebrew word "daf" means page. In
the tradition of Talmudic learning, it means a leaf; i.e., a physical page,
which of course has two sides. To
distinguish the two, we use a postscript, so that the page we are beginning on
is daf 114a.
[This
year, we will begin from Bava Metzia, 21a. The following has been changed to
reflect that fact(JA)]
Take
a look at this daf. Click
here to see Bava Metzia 21a.
You will see up on the left-hand corner the letters kaf - alef which
means 21. In all standard editions
of the Talmud (but not the Schottenstein), the first side (21a) always is on the
left side of the open volume. The
reverse side (21b) does not have any Hebrew page number at all, but for several
centuries has had an Arabic numeral, in this case "42" (Notice that the Arabic
numerals refer to sides, while the Hebrew ones to full pages. Why? That's just the way it
is!).
Running
down the middle of the page, in block Hebrew letters, is the text of the
Talmud. On the page we are
examining, in large block letters, appear the words “Hadran Alach Shenayim
Ochazim.” This is the conventional
ending to the previous chapter, in which we say “Hadran Alach” “We shall return
to you”, “Shanayim Ochazim”- the name of the first chapter of Bava Metzia, after
the first two words of the first mishna.
Subsequently, there is a mishna which begins with the enlarged letters
spelling “Elu”. That is how the
beginning of a chapter of Talmud appears.
Later on, when we come across a mishna that is not in the beginning of a
chapter, the mishna will be marked with the enlarged letters spelling "Matni,"
which is an abbreviating for "matnitin," which is the Aramaic for "our
Mishna." After the few lines cited
from the mishna, we find the letters "gimel-mem", which is the abbreviation for
"gemara." This is where the gemara discussion of this mishna begins. Sometimes, but most often it will
encompass several pages.
On
either side of the main text are two commentaries. On the right side is the running
commentary of Rashi, R. Shlomo Yitzchaki, who lived in
On
the left side is a commentary consisting of several extended comments, each
beginning with the Talmudic text to which it refers marked in bold letters. This is the "Tosafot," which simply
means addenda. In true talmudic
tradition, the Tosafot do not have one particular author, but record the
discussion in the French (and German) schools of Rashi's disciples for the next
four or five generations. Very
often, the starting point for these discussions was the commentary of Rashi, and
most often they will begin with a question which will give rise to an alternate
explanation.
Gemara
with Rashi and Tosafot is the bread-and-butter of Talmudic study. We are aiming at reaching that
level.
The
page contains an additional outer ring of various glosses of later authorities,
citations to halakhic codes, and cross-references to other Talmudic
passages. Aside from this, there
are thousands of books that continue the discussion. In our study, we shall examine,
occasionally, some of the more important of these additional
commentaries.
An
extensive and detailed account of these and other features of the talmudic daf
can be found at:
http://www.acs.ucalgary.ca/~elsegal/TalmudPage.html
which
probably has even more than you might want to know at this stage. If you take a look at the daf presented
on Professor Segal's webpage, you will see that it looks exactly like the one we
are studying, even though it is from a completely different section of the
Talmud. The page layout has been
standard for nearly five hundred years, with some
additions.
Now go back to the top to continue the learning of Elu Metziot.
Rashi on the misha, daf 21a
רש"י
מסכת בבא מציעא דף כא עמוד א
אלו
מציאות, מצא פירות מפוזרין -
נתייאשו הבעלים מהן, כדאמר בגמרא, והפקר הן.
מעות
מפוזרות -
הואיל ואין להם סימן ניכר - איאושי מיאש, והוו להו הפקר, וזהו טעם כולם.
כריכות -
עומרים קטנים, כמו מאלמים אלומים ומתרגמינן בירושלמי: מכרכן כריכן (בראשית
לז).
ברשות
הרבים -
שהכל דשין עלייהו, ואם היה סימן נקשר עליהן - הרי הוא נשחת.
של
נחתום - כל
ככרות הנחתומין שוין, אבל ככרות של בעל הבית יש בהן סימן.
ממדינתן -
כמות שהן גזוזות כשאר כל גיזת המדינה, לאפוקי הבאות מבית האומן כדקתני
סיפא.
אניצי
פשתן -
רישט"א בלשון אשכנז, ובמקומינו פופי"ר.
ולשון
של ארגמן - צמר
סרוק ומשוך כמין לשון, וצבוע ארגמן, ומצויין הן.
מצא
עיגול - של
דבילה.
אנפוריא -
בגמרא מפרש.
Abbreviated
translation of Rashi on the mishna:
These found
objects, one who found scattered fruit – the owners have given up hope of
recovering them, as it says in the gemara, and they are hefker (ownerless).
Scattered
coins – since they
do not have a recognizable sign, (the owner) has been mityaesh (has despaired of
recovering them) and they are hefker, and this is the explanation for them all
(all the items in the list).
Sheaves - small sheaves …In the Reshut Harabim
(public thoroughfare) – where everyone steps on them, and if there was a sign
attached to them – it presumably was destroyed.
(Loaves)Of a
Baker – All baker’s loaves are the same but home baked loaves have a sign.
(Shearings) From the country – In their original state like all shearings of
that country, as opposed to wool that has come from the craftsman’s workshop, as
we are taught in the seifa (the latter part of the mishna)….
Glossary of transliterated terms:
Ama, pl. amot – unit of length, about 48 cm
assur – forbidden. Opposite of mutar.
aveida – lost object
Baraita, pl. baraitot – a tannaic tradition that does not appear in the mishna.
Bavli – Babylonian Talmud. Short for Talmud Bavli.
Chayav – liable. Opposite of patur.
Devarim – Deuteronomy (last of the Five Books of Moses)
Din, pl. dinim – the law or normative rule in a specific situation.
hashavat aveida – (mitzvah of) returning a lost object.
Hefker- ownerless
Kav – measure of volume – about 1.4 liters.
Machloket, pl. machlokot – a (legal) disagreement.
Maskana – conclusion, the concluding inference in a line of Talmudic reasoning.
meimra – Amoraic statement in the gemara.
Mishna – Basic text of the Oral law. The Talmud is structured as a discussion of the Mishna.
Mishnayot – plural of Mishna
Mityaesh – despairs of recovering a lost object. Active form of yeush.
Mutar – permitted. Opposite of assur.
patur - not liable. Opposite of chayav.
Pesak halakha – Halakhic ruling
Reshut Harabim – public thoroughfare
Reshut Hayachid – private space.
Rishonim (pl. of Rishon) – Medieval sages, (c. 900-1500), many of whom wrote extensive commentaries on the Talmud. The most famous of these commentaries is that authored by Rashi which is printed on every page of the Talmud.
Seifa – latter part of the mishna (or other quoted precedent).
shelulito shel nahar, Zuto shel yam - items washed away by the flooding of a river or the (tides of ) the sea.
Shemot – Exodus (second of the Five Books of Moses)
Shiur – lesson
Siman, pl. simanim – recognizable sign through which the owner can identify an object to the finder.
Yerushalmi – Palestinian Talmud. Short for Talmud Yerushalmi.
Yeush – despair (of ever recovering the lost object)
Zuto shel yam, shelulito shel nahar – items washed away be the (tides of) the sea or the flooding of a river.