Kiddushin 73B

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Text Excerpt

אין בו משום אסופי. משלטי הדמיה ⁠– אין בו משום אסופי. שייף משחא, ומלא כוחלא, רמי חומרי, תלי פיתקא, ותלי קמיעא ⁠– אין בו משום אסופי.

he is not subject to the halakhot of a foundling. If the baby’s lineage were unfit, his parents would not have gone to the trouble of circumcising him. Likewise, if his limbs are adjusted, indicating that he was cared for after birth, he is not subject to the halakhot of a foundling. Similarly, if he was anointed with oil, or if his eyes were smeared with eye salve, or if he was adorned with rings, or if a note [pitka] was hanging on him, or if an amulet was hanging on him, he is not subject to the halakhot of a foundling.

תלי בדיקלי, אי מטיא ליה חיה ⁠– יש בו משום אסופי, אם לאו ⁠– אין בו משום אסופי.

Concerning a child found hanging from a palm tree, if he was in such a place that an animal could reach him, he is subject to the halakhot of a foundling. If not, if he was placed on a palm tree in a way that he could not be reached by an animal, he is not subject to the halakhot of a foundling, since he was cared for enough to be placed in a safe location.

זרדתא סמיכא למתא ⁠– יש בו משום אסופי, ואם לאו ⁠– אין בו משום אסופי. בי כנישתא סמיכתא למתא ושכיחי ביה רבים ⁠– אין בו משום אסופי, ואם לאו ⁠– יש בו משום אסופי.

Similarly, if the child was placed in a thicket near a town, where people are not commonly found, he is subject to the halakhot of a foundling. But if not, he is not subject to the halakhot of a foundling. If the child was discovered in a synagogue near a town, and people are commonly found there, he is not subject to the halakhot of a foundling, since the parents wanted to give him to others. But if not, if the synagogue was not near a town or if it was not frequented by people, he is subject to the halakhot of a foundling.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.