Talmud - Nedarim 34a נדרים ל״ד א׳

We learned in the mishna: In a place where one takes payment for returning a lost item, the benefit that he receives for returning the item should fall into the category of consecrated Temple property. The Gemara asks: Granted, according to the one who says that even in a case where the property of the owner of the lost item is forbidden to the one returning the lost item, he returns it to him. This explanation is consistent with that which the mishna teaches: In a place where one takes payment for returning a lost item, the benefit that he receives for returning the item should fall into the category of consecrated Temple property.

However, according to the one who says that in a case where the property of the owner of the lost item is forbidden to the one returning the lost item, he may not return it to him, and the mishna is referring exclusively to a case where the property of the one returning the lost object is forbidden to the owner of the lost object, why should the benefit fall into the category of consecrated Temple property? It is not prohibited for him to benefit from the property of the owner.

The Gemara answers: The tanna of the mishna teaches about only one of the cases: The property of the one returning the lost object is forbidden to the owner, and the one returning the lost object refuses to accept compensation. In that case, the owner of the lost item benefits from the one returning the lost object by allowing him to keep the compensation. Therefore, the benefit is donated to the Temple treasury.

There are those who teach the dispute in this formulation: Rabbi Ami and Rabbi Asi disagree about this. One said: They taught this only in a case where the property of the owner of the lost item is forbidden to the one returning the lost item, and the concern due to the peruta of Rav Yosef is not a concern, because it is not common. However, in a case where the property of the one returning the lost item is forbidden to the owner of the lost item, he may not return it to him, due to the fact that in doing so he benefits him.

And one said: Even if the property of the one returning the lost item is forbidden to the owner of the lost item, it is permitted to return it to him, as when he returns it, he is returning to him something of his own and is not giving him anything new.

We learned in the mishna: In a place where one takes payment for returning a lost item, the benefit that he receives for returning the item should fall into the category of consecrated Temple property. The Gemara asks: Granted, according to the one who says that even if the property of the one returning the lost item is forbidden to the owner of the lost item he returns it to him, this is the reason that it is necessary to resolve the halakha in a place where one takes payment.

However, according to the one who said that in a case where the property of the one returning the lost item is forbidden to the owner of the lost item he may not return it to him, how does he explain the halakha taught with regard to a place where one takes payment? Since the mishna is referring to a case where the property of the owner of the lost item is forbidden to the one returning the lost item, why is it prohibited for the owner of the lost item to keep the payment? It is not prohibited for him to benefit from the property of the one returning the lost item. The Gemara concludes: Indeed, it is difficult.

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Nedarim 34a examines returning lost items under a vow of forbidden benefit, debating whether payment must go to the Temple treasury.