Translation:Shulchan Aruch/Choshen Mishpat/268

Paragraph 1- Any found item that we said belongs to the finder would only be acquired once it reaches the finder’s hand or possession. If he just saw the item, however, even if he fell on it and another person came and took possession, the person that took possession would acquire it. This is only in the public domain. In a place where a person’s four amos would, acquire, however, the person would acquire, and would not be in a worse position because he fell on it. This is not like those who disagree.

Paragraph 2- The four amos next to where a person is standing acquires for him. If an item reaches his four amos, he would acquire it. The Rabbis instituted this so that finders do not quarrel with each other. When is this true? In a valley or the sides of the public domain where there are not a lot of people pushing them or in a field with no owner. If one is standing in the public domain or another’s field, however, his four amos would not acquire for him. He would not acquire the item until it reaches his hands. If two people come at the same time into the four amos or they were both standing there and the item fell in their four amos, they would both acquire.

Paragraph 3- A person’s courtyard can acquire for him without his knowledge. If an item fell into a courtyard it would belong to the owner of the courtyard. When is this true? In a guarded courtyard. One’s courtyard does not acquire for him unless he knew of the item or the possibility would enter his mind. With respect to something that does not usually land in his courtyard, however, his courtyard would not acquire for him. Even if the item arrived in the courtyard, if someone else comes and takes it from there, he would acquire it because the owner of the courtyard was unaware of the item that was there before the second person came to acquire it. See above 222:18. If a merchant brought cheap merchandise to Shimon’s courtyard and Shimon say his courtyard should acquire for him, and Reuven came later and purchased it, there are those who say Reuven would acquire given that it is not a bona-fide found item since the owner of the courtyard needs to acquire it with money and thus his courtyard would not acquire for him, while others say that the owner of the courtyard would acquire for him. If merchandise later came to Reuven’s courtyard and he said his courtyard should acquire for him, and Shimon acquired it and Reuven does not want to give the merchandise to Shimon because he says his courtyard acquire for him, and Shimon claims that Reuven should either give him the first merchandise or the second, and the first case was already ruled on, the second case is its own case, and the party taking away money has the burden of proof. If the first case was not yet ruled on before the second case happened, however, Reuven needs to give Shimon one of the merchandises. In a field, garden or something similar, however, where one was standing next to his field and said his field should acquire for him, the field would acquire for him. If he is not standing there or did not say his field should acquire for him, whomever comes first would acquire. There are those who say that just standing next to the field would suffice. See above, Siman 200.

Paragraph 4- If one saw others chasing after a found item, and the item was a crippled deer or birds that cannot fly, and the individual was standing next to his field where the animals were located and if he ran he would reach them and he said, “my field should acquire for me,” his field would acquire for him. If he is unable to reach them, it is as if the deer can run regularly and the birds can fly and the field-owner will not have said anything. Rather, whomever comes first would acquire. If they were given to him as a gift, because a third party has transferred it to him, and they are rolling in his field, his field would acquire for him. If the deer was running regularly or the birds were flying, his field would not acquire for him.

Paragraph 5- A minor girl has her courtyard and her four amos. A minor boy, however, does not have his courtyard or his four amos.