Bava Metzia 26b

בבא מציעא כ״ו ע״ב

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Topic

When an owner gives up hope (יאוש) on a lost coin: coins dropped among a group or into sand, a finder's sins, and items found in a store, near a money changer, or inside produce

Overview

The amud opens by finishing a ברייתא about a סלע seen falling from a group of people. If it fell from one of two, the finder must return it, because the owner can blame the other person and does not give up hope (יאוש). If it fell from one of three, the owner gives up hope, so the finder keeps it. רבא limits this case: if the coin is worth a פרוטה for each of the three, they may be partners who do not give up hope, so the finder must return it. A second version of רבא extends this even to two פרוטות. רבא then lists which commandments a finder breaks, depending on when he took the coin and what he meant to do with it. He also rules that coins that fall into sand belong to the finder, even if the owner is seen sifting for them. A new משנה follows. It decides who owns items found in a store or near a שולחני, based on where they lie, and it rules on coins found inside produce someone bought or received. The גמרא brings רבי אלעזר's ruling that even coins on the money changer's table go to the finder, tests it against the משנה, and has רבא explain its source. ריש לקיש then begins to limit the produce ruling, and his statement continues on the next amud.

Opening lines

The steps (25)

1. StatementA coin that fell from one of two people must be returned
2. ResponseWhy the owner in the case of two does not give up hope
3. StatementA coin that fell from one of three people need not be returned
4. ResponseWhy the owner in the case of three gives up hope
5. Statementרבא limits the case of three to small amounts
6. Responseרבא's reason: they may be partners
7. StatementSecond version of רבא: even two פרוטות must be returned
8. ResponseReason: one partner may have given his share to another
9. StatementTaking a lost coin before the owner gives up, planning to steal it
10. StatementTaking it to return, then deciding to keep it after the owner gives up
11. StatementWaiting until the owner gives up, then taking it
12. StatementCoins that fall into sand need not be returned
13. QuestionAsking the reason
14. ResponseThe owner gives up hope
15. ResolutionEven sifting the sand does not show he still has hope
16. StatementFinding items in a store or near a money changer
17. StatementCoins found inside produce
18. Statementרבי אלעזר: even coins on the table go to the finder
19. ChallengeThe opening clause seems to contradict רבי אלעזר
20. ResolutionThe closing clause implies the opposite
21. ConclusionNothing can be proven from this משנה
22. QuestionWhere does רבי אלעזר get his ruling from?
23. Responseרבא: the משנה's narrow wording bothered רבי אלעזר
24. ConclusionSo even coins on the table belong to the finder
25. Statementריש לקיש begins to limit the produce-buyer ruling