Bava Metzia 21 - March 20, 10 Adar 2
MAR 20
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The Gemara raises two more difficulties against Rav's ruling that a receipt of payment is not returned to the borrower if found among documents of the creditor, and resolves them. The second chapter begins with a list of items that if one finds them on the street in a particular manner, they can assume the owner lost them and is not expected to retrieve them and can therefore keep them. One of the items listed is scattered fruits - how were they left? How many and in what size space is this referring to? Rabbi Yirmia asks questions on the answer to these questions to understand whether it is because the amount of these fruits is not significant or because it is too much trouble to collect. Abaye and Rava disagree on the subject of  'despair that is not known' - if it is not known that the owner has despaired on finding their lost item, when they later despair, can we view it as if they despaired from the beginning and the finder can keep the object? Rava rules that the finder can keep the object, and Abaye rules that the finder cannot. The Gemara explains that in certain cases both will agree that there is certainly immediate despair or no despair at all. Then they bring a series of questions against Abaye from tannaitic sources, most of them from our Mishna. Abaye explains all the difficulties against him as cases where we can be certain the owner knows immediately that it is lost and is sure to have given up. One difficulty from a braita is raised on Rava and is resolved.

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