A Scratch on a Golden Dinar

Rav Ovadia Yosef used to illustrate the Mishnah "Be cautious in judgment" (Avos 1:1) with a story about Rav Yaakov of Lisa, author of Nesivos HaMishpat.

Two litigants once came before Rav Yaakov Lorberbaum of Lisa, arguing over a golden dinar. "Rav, I was walking in the shuk, and I found a golden dinar on the floor and picked it up," said one. "It is mine, it had just fallen out of my pocket," interrupted the other. "I never gave up hope of recovering it, so it still belongs to me."

Something about the second litigant's shifty manner and oily tone gave away that he was a thief and a scoundrel, and Rav Yaakov's senses told him that this man was dishonest. Wanting something more with which to judge the case properly, he sent the second litigant out of the room and called in the finder of the coin. He took the coin and called out in a voice so loud that anyone in the adjoining room could hear, "See this notch on the coin? It is like a scratch just below the first letter. It is a true siman (identifying mark), as found in Gittin 27b. If anyone were to use that siman as proof, this coin would surely be given back to him."

Rav Yaakov then called back the second litigant, who had been eavesdropping the entire time, and asked, "Can you offer any siman as proof that this dinar is yours?" "Yes, Rav," he answered happily. "There is a scratch below the first letter, which must be as legitimate a siman as any to prove that this is my coin."

The rav opened his hand and showed the would-be thief the coin. The man's satisfied smirk quickly became a frown as Rav Yaakov said, "Well, I guess this is not your coin, because this coin is clean as a whistle, with no scratches on it at all. Go and look for the coin you dropped, because this coin belongs to the one who found it."