Bava Metzia 10b

בבא מציעא י׳ ע״ב

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Topic

Limits of acquiring through ארבע אמות, and whether a קטנה acquires through חצר: is a חצר like a hand or like an agent?

Overview

This amud finishes the discussion of ריש לקיש's rule that a person's ארבע אמות acquire an item for him. רב פפא says the rule does not work in a בעל הבית's field, even where a poor person may collect פאה. רבי יעקב בר אידי challenges the rule from our משנה about someone who falls on a found item. The גמרא answers that by falling, the man showed he did not want to acquire through his four cubits. רב ששת answers differently: the rule works only in a quiet סמטא or at the sides of a רשות הרבים, not where crowds push. Then a new מחלוקת begins: can a קטנה acquire through her חצר and ארבע אמות? The גמרא explains that it depends on whether a חצר works like a hand (יד) or like an agent (שליחות). It defends the agency view against the rule of אין שליח לדבר עבירה with two answers, from רבינא and רב סמא, and shows where those answers differ. Finally, it limits the dispute to מציאה, since for a גט everyone agrees a חצר counts as her hand.

Opening lines

The steps (23)

1. Resolutionרב פפא: The four cubits rule does not apply in a homeowner's field
2. ResolutionThe Torah let the poor person walk in the field, but did not make it his courtyard
3. ChallengeChallenge from the משנה of the person who fell on a found item
4. ResolutionAnswer: He never said 'I will acquire'
5. ChallengeBut why should saying it matter?
6. ResolutionBy falling on it, he showed he wanted to acquire only by falling
7. Resolutionרב ששת: The rule applies only in a quiet alleyway, not in a crowded public street
8. ChallengeBut he said the rule works everywhere
9. Resolution'Everywhere' only adds the sides of the public area
10. StatementCan a minor girl acquire through her courtyard and four cubits?
11. QuestionWhat is the root of their disagreement?
12. ResponseIs a courtyard like a hand or like an agent?
13. ChallengeCan anyone really say a courtyard works through agency?
14. ChallengeA courtyard as agent would mean agency for a sin
15. ResolutionNo agency for a sin only applies when the agent can be liable
16. ChallengeWhat about sending a woman or a slave to steal?
17. ResolutionA woman and a slave are liable; they just cannot pay yet
18. Resolutionרב סמא: the rule applies only when the agent has a free choice
19. QuestionWhat is the practical difference between the two answers?
20. ResponseTwo cases: a כהן and a divorcee, and a woman cutting a boy's hair
21. ResponseHow each view rules in these two cases
22. ChallengeDoes anyone really deny that a courtyard is like a hand?
23. ResolutionEveryone agrees about divorce; the dispute is about found items