TB Baba Metzia 25 What about a garbage dump?

We have been learning the circumstances when we can apply the old saying “finder keepers, loser weepers.” Obviously, there is a mitzvah to return lost objects. If the lost object has a distinguishing mark, the finder has to announce he found the lost object so that the original owner can identify it and reclaim it. If the lost object doesn’t have a distinguishing mark, the finder may keep it because the original owner has given up hope of ever retrieving it. 

Daf TB Baba Metzia 25 provides a third possibility, don’t pick it up. “In a case where one found a vessel in a garbage dump, if it is concealed, he may not touch it, as a person certainly concealed it there. If it is exposed, the finder takes the item and proclaims his find.” (Sefaria.org translation) The logic is simple. If the object is concealed, there is a good chance that the owner hid it there. It’s not really lost it all; consequently, don’t even touch it.

The Gemara brings a seemingly contradictory Baraita. “The Gemara raises a contradiction from a baraita: If one found a vessel concealed in a garbage dump, the finder takes the item and proclaims his find, because it is routine for a garbage dump to be cleared. Therefore, presumably it was not placed there; rather, it is a lost item and one is obligated to proclaim his find.”

Both Rav Zavid and Rav Pappa provide solutions to explain the difference between the Mishna and the Baraita. “Rav Zevid said that this is not difficult: This mishna is referring to containers or cups. That baraita is referring to knives or a fork [vehamnik]. The Gemara elaborates: In the case of containers or cups, which are large, it is inconceivable that they fell there inadvertently, so he may not touch them. In the case of knives or forks, which are small, there is room for uncertainty as to whether it was placed there or whether it fell, so the finder takes the item and proclaims his find.

“Rav Pappa said: Both this baraita and that mishna are referring to containers and cups, and nevertheless, it is not difficult: Here, the baraita is referring to a garbage dump that is designed to be cleared; therefore, he must take the vessel and proclaim his find to prevent it from being cleared with the garbage. There, the mishna is referring to a garbage dump that is not designed to be cleared; as it is possible that the owner placed it there, the finder may not touch it.” (Sefaria.org translation)