Bava Metzia 10a
בבא מציעא י׳ ע״א
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Topic
Acquiring a lost item for someone else, and acquiring through a person's four אמות
Overview
This amud finishes the argument between רב נחמן and עולא over whether picking up a lost item for someone else gets it for him. עולא explains the rider משנה as a case where the finder said he took it for himself from the start, and the two argue over the extra word תחילה. Next, רב נחמן and רב חסדא rule that lifting a מציאה for a friend does not acquire it, because it takes the item away from everyone else. רבא challenges this from a hired worker. רב נחמן answers that a worker's hand is like the boss's hand, even though a worker may quit, since Jews are servants of ה׳. רבי יוחנן disagrees and says the friend does acquire. A new משנה teaches that falling on a מציאה does not acquire it. ריש לקיש says a person's four אמות acquire for him, and the גמרא defends this against a challenge from the משנה in פאה: by falling, the poor person showed he did not want to acquire through his four אמות.
Opening lines
מַתְנִיתִין מַנִּי – רַבָּנַן הִיא.
Our משנה, whose view is it? It is the Rabbis.
אֶלָּא אִי אָמְרַתְּ
But if you say
בְּעָשִׁיר וְעָנִי מַחְלוֹקֶת,
that the dispute is about a rich person and a poor person,
אֲבָל מֵעָנִי לְעָנִי
but when a poor person gathers for a poor person
The steps (20)
- ChallengeThe rider משנה fits only רב נחמן's view
- ResolutionThe finder said he took it for himself from the start
- ProofThe word תחילה in the סיפא supports עולא
- Rejectionרב נחמן: the סיפא sheds light on the רישא
- StatementLifting a found item for someone else does not acquire it for him
- ResponseThe reason: grabbing for one person at the expense of others
- Challengeרבא challenges from the case of a hired worker who finds something
- ResolutionA worker is different: his hand is the boss's hand
- ChallengeBut a worker can quit in the middle of the day
- ResolutionQuitting has a separate reason: servants of ה׳, not servants to servants
- Statementרבי יוחנן: the friend does acquire
- ResolutionOur משנה is a case of 'give it to me'
- StatementNew משנה: falling on a found object does not acquire it
- StatementA person's four אמות acquire for him everywhere
- ChallengeTwo objections are announced, from פאה and from נזיקין
- StatementThe משנה in פאה: falling on פאה does not acquire it
- ChallengeWhy didn't his four אמות acquire the פאה for him?
- ResolutionThe poor person did not say 'I will acquire'
- ChallengeIf the רבנן made the rule, why do words matter?
- ResolutionBy falling, he showed he did not want to acquire through ארבע אמות