Bava Metzia 12a

בבא מציעא י״ב ע״א

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Topic

How a חצר acquires (יד, שליחות, moving objects), and whose finds belong to the head of a household, including whether a minor can acquire

Overview

The amud opens by wrapping up an earlier discussion. A חצר acquires for its owner because it is like his hand (יד), but it is never weaker than an agent (שליחות). So a gift can be acquired through a person's courtyard when he is absent, but a גט cannot be given that way. Next, רבי יוחנן limits the משנה's rule about running animals to a case where the owner could catch them, and with a gift even that is not needed. רבא then asks whether a house acquires a purse that flies through it and out another door. When challenged from the running animals, he answers that rolling things count as resting, but flying things may not. A new משנה follows: finds of minor children, Canaanite slaves and a wife go to the head of the household, while finds of adult children, Hebrew slaves and a divorced wife belong to the finders. שמואל explains why a minor's find goes to his father. This leads to a debate about whether a minor can acquire by Torah law, using a ברייתא about a worker's son gleaning. אביי's answer is rejected by רב אדא בר מתנה, and the amud ends just as רבא begins a new answer.

Opening lines

The steps (16)

1. ConclusionA courtyard works like a hand, but is no weaker than an agent
2. StatementThe field acquires running animals only if he could catch them
3. QuestionWhat about animals given as a gift?
4. ResponseWith a gift, the field acquires even if he cannot catch them
5. QuestionA purse thrown through a house and out the other door
6. ChallengeIsn't this already answered by the משנה about running animals?
7. ResolutionA rolling object is not like a flying one
8. StatementWhose finds belong to the head of the household
9. Statementשמואל explains why a minor's find goes to the father
10. ChallengeCan a minor acquire for himself? A ברייתא about gleaning
11. ChallengeWhy may the worker's son glean if he gleans for his wealthy father?
12. Resolutionשמואל only explained our משנה's reasoning
13. ChallengeDoes רבי יוסי really hold that a minor acquires by Torah law?
14. Challengeרב חסדא: 'full robbery' only by rabbinic law
15. Resolutionאביי: The poor give up on the field, so anyone may glean
16. Challengeרב אדא: You may not drive the poor away, like setting a lion in your field