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Kenneth Cohen

Forgetfulness

For many people, including myself, the first introduction to Talmud, comes from the second chapter of Bava Metzia. The subject of returning a lost article is deemed appropriate for a young student.

This law teaches the responsibility a person should have for another person’s property. He must fulfill a positive commandment in the act of returning what was lost. And if he pretends he doesn’t see the lost article, he violates a negative commandment of “You may not pretend that you didn’t see.”

There is additional responsibility in that the object, which might even be an animal, must remain with you for a period of time, so that it can be claimed by its rightful owner.
There is even more responsibility in that you must make sure that the person claiming the object, didn’t steal it. You must be convinced that he gives proper identification that the article once belonged to him.

Aside from these being good life lessons in showing responsibility, there is another reason given by the Sefer Hachinuch. This becomes an especially important Mitzva because, “forgetfulness is a common and normal, human trait.” Because of this, there is great joy when a lost article is returned.

This is emphasized by the permission granted on Yom Tov, to return a lost pair of Tefillin. Even though the Tefillin is “Muktzah,” for many people, their Tefillin is their most prized possession. It is a Mitzva to be joyful on Yom Tov, and the recovery and return is allowed, to increase the joy of the festival.

Hashavat Aveida, returning a lost article, has many more details that we may not be aware of. And it is certainly a great choice as the first subject to be learned by a budding Talmudic student.

About the Author
Rabbi Cohen has been a Torah instructor at Machon Meir, Jerusalem, for over twenty years while also teaching a Talmud class in the Shtieblach of Old Katamon. Before coming to Israel, he was the founding rabbi of Young Israel of Century City, Los Angeles. He recently published a series of Hebrew language-learning apps, which are available at www.cafehebrew.com