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Bava Metzia 26a

בבא מציעא כ״ו ע״א

Learn Bava Metzia 26a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Lost items found in a wall and in a rented house: who keeps them?

Overview

The amud opens with the last words of an earlier discussion: an item found very rusted has clearly been in the wall a long time. The גמרא then quotes the משנה's rule for a new wall: items in the outer half go to the finder, and items in the inner half go to the בעל הבית. רב אשי adds that a knife follows its handle and a pouch follows its strings. The גמרא explains that the משנה's half-wall rule is for items with no direction, like rags or metal strips. A ברייתא teaches that if the hollow is full of items, the two sides split them, even if it slopes to one side. Next the משנה says that in a house rented to others, the finder keeps what he finds. The גמרא challenges this from money found in ירושלים: shouldn't the items go to the last renter? Three answers follow: an inn for three Jews (ריש לקיש), an inn for three non-Jews (רב מנשיא בר יעקב), and three Jews where the owner gives up hope (רב נחמן). The amud ends as the גמרא begins quoting another ruling of רב נחמן that matches his view, which continues on the next amud.

Opening lines

דִּשְׁתִיךְ טְפֵי.

Where it is very rusted.

בְּכוֹתֶל חָדָשׁ,

In a new wall:

מֵחֶצְיוֹ וְלַחוּץ – שֶׁלּוֹ,

from its middle and outward, it is his,

מֵחֶצְיוֹ וְלִפְנִים – שֶׁל בַּעַל הַבַּיִת.

from its middle and inward, it is the homeowner's.

The steps (18)

  1. ResolutionThe item is very rusted
  2. StatementThe rule for a new wall: outer half or inner half
  3. Statementרב אשי: a knife follows its handle, a pouch follows its strings
  4. ChallengeWhy does the משנה need the half-wall rule?
  5. ResolutionThe משנה is about rags and metal strips
  6. StatementA wall hollow full of items is split
  7. ChallengeIsn't that obvious?
  8. ResolutionThe case is a hollow that slopes to one side
  9. StatementA house rented to others: the finder keeps the items
  10. ChallengeWhy not give it to the last renter?
  11. ProofSupport from money found in ירושלים
  12. ProofWhy the money in ירושלים counts as new
  13. ChallengeSo the items should belong to the last renter
  14. ResolutionThe house was an inn for three Jews
  15. ChallengeThat would mean the הלכה follows רבי שמעון בן אלעזר even among Jews
  16. ResolutionRather, the inn was for three non-Jews
  17. ResolutionThree Jewish guests, but the owner has given up hope
  18. Proofרב נחמן is consistent with his own view