Gemara Clarity

Bava Metzia 21b

בבא מציעא כ״א ע״ב

Learn Bava Metzia 21b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Metzia 21b in Gemara Clarity

Topic

יאוש שלא מדעת: the argument between אביי and רבא, and the proofs tested against it

Overview

The גמרא presents a famous argument between אביי and רבא about יאוש שלא מדעת. This is the case where the owner would surely give up on his lost item, but he does not yet know it is lost. אביי says this does not count as יאוש, and רבא says it does. The גמרא narrows the argument. If the item has a סימן, everyone agrees there is no יאוש. The one exception is items swept away by the sea or a flooding river, which the Torah lets the finder keep. The real argument is only about items with no סימן. The גמרא then brings a long list of proofs for רבא: scattered produce, coins, fig cakes and loaves, purple wool, coins in crowded places, and לקט. Each one is rejected by showing the owner really did know about his loss. A משנה about fallen figs, olives and carobs is then shown to fit both sides, with the help of רבי אבהו and רב פפא. Finally, the גמרא begins a new proof from a ברייתא about a גנב or גזלן who passed an item to someone else, and that proof continues on the next amud.

Opening lines

יֵאוּשׁ שֶׁלֹּא מִדַּעַת,

Despair that is not with awareness:

אַבָּיֵי אָמַר: לָא הָוֵי יֵאוּשׁ.

Abaye said: It is not despair.

וְרָבָא אָמַר: הָוֵי יֵאוּשׁ.

And Rava said: It is despair.

בְּדָבָר שֶׁיֵּשׁ בּוֹ סִימָן –

With an item that has an identifying mark,

The steps (26)

  1. Statementאביי and רבא argue about despair the owner does not know about
  2. StatementWith an identifying mark, everyone agrees it is not despair
  3. StatementItems swept away by sea or river are an exception
  4. StatementThe real argument: items with no identifying mark
  5. StatementA memory aid for the coming list of proofs
  6. ProofProof from scattered produce
  7. RejectionThe produce was left behind on purpose
  8. ProofProof from scattered coins
  9. RejectionPeople check their pockets all the time
  10. ProofProof from fig cakes and baker's loaves
  11. RejectionHeavy items are missed right away
  12. ProofProof from strips of purple wool
  13. RejectionValuable items are checked often
  14. ProofProof from coins found in a busy place
  15. RejectionPeople check their pouch all the time
  16. ProofProof from gleanings: when may anyone take them
  17. QuestionWho are the נמושות?
  18. ProofWhat about poor people somewhere else?
  19. RejectionPoor people far away gave up from the start
  20. ProofA משנה about fallen figs, olives and carobs
  21. ResolutionThe first part of the משנה fits אביי
  22. ChallengeThe last part of the משנה challenges רבא
  23. ResolutionAn olive is different because it shows whose it is
  24. ChallengeThen figs should be forbidden too
  25. ResolutionA fallen fig gets spoiled
  26. ProofOpening a new proof: a thief or robber who passes an item to someone else