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BAVA METZIA 22

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PAST DEDICATION
BAVA METZIA 22 - Dedicated by Yeshayahu Schmidt of Clifton, New Jersey, and family. May the Zechus of teaching Torah to Klal Yisrael bring them good health and the fulfillment of all of their material needs so that they may continue to dedicate their energy to Torah and Mitzvos. Hashem will certainly bestow upon them the unique Berachah He reserves for those who support Torah with joy!

SUMMARY

If a Ganav or a Gazlan takes from one person and gives to another, or a river deposits a person's objects into his friend's property he may keep it.
 
If a river floods a person's wood, beams and stones and it is difficult for the owner to save it the finder may keep it because the owner is Meya'esh,
 
If the owner is running after it he may not keep it because it is obvious that the owner is not Meya'esh.
 
A person may only separate Terumah from his friend's produce if he was appointed as a Shali'ach.
 
If he was appointed to separate Terumah for him he should separate the Terumah from Beinonis.
 
If he separates Terumah from the good produce and the owner tells him you should have separated the Terumah from the better produce if he owns better produce it is Terumah, but if not it is not Terumah. (1)
 
If the owner added to the Terumah that the Shali'ach separated his Terumah is valid even if he didn't tell that he should have separated from the better produce.
 
If dew falls on produce and the owner sees it while it is still damp and he is pleased the produce becomes susceptible to Tum'ah, but if he is only pleased after it is dry it is not susceptible. (2)
 
Produce only becomes susceptible to Tum'ah if the owner is aware that it came into contact with liquid and he is pleased with it.
 
If an object is flooded away by a river the finder may keep it whether it has a Siman on not.
 
The Halachah usually follows Rava when he argues with Abaye; however the Halachah is like Abaye in six cases including the case of Yi'ush she'Lo mi'Da'as.
 
A person who finds dates that are blown off the tree may keep them; since the bugs will get to them the owner is Meya'esh.
 
If the tree is owned by orphans, or if the orchard is fenced in the finder may not keep the dates. (3)
 
Rabah holds that a Siman which will likely be trampled on is not a valid Siman and therefore one who finds small bundles of grain in Reshus ha'Rabim may keep it. (4)
 
Rava holds that a Siman which will likely be trampled on is a Siman and one who finds bundles in Reshus ha'Rabim may keep it only if it doesn't have a Siman.
 
If one finds small bundles in Reshus ha'Yachid he must announce it according to Rabah if it has a Siman, while Rava holds even if it doesn't have a Siman he must announce the place where it was found. (5)
 
If someone finds large bundles of grain he must announce it whether he found it in Reshus ha'Rabim or Reshus ha'Yachid.

A BIT MORE

1. If he owns better produce it is a Giluy Da'as that he wanted him to separate Terumah from the better produce and therefore the Terumah that he separated is valid. .
 
2. Produce is only susceptible to Tum'ah once it comes into contact with water or other liquids (wine, dew, milk, blood, oil) after it was harvested.
 
3 Orphans who are Ketanim can't be Mafkir their possessions and therefore their Yi'ush is not effective and if the orchard is fenced in the owner is not Meya'esh because the bugs went get to the dates.
 
4. Since the owner thinks that the lost item will be trampled on and it will not be possible to identify it with the Siman he is Meya'esh.
 
5. Rabah holds that the place where a lost object was found is not a Siman and therefore the bundles only must be announced if there is a Siman while Rava holds the place where an object was found is a Siman.

BRIEF INSIGHT

GILUY DA'AS
 
If someone separates Terumah from the produce of his friend and the owner tells him you should have separated the Terumah from the better produce if he owns better produce it is Terumah. The Gemara says that the Terumah is only valid if he didn't make him into a Shali'ach. R. Akiva Eiger asks if there is a Giluy Da'as that he is pleased that he separated Terumah for him even if he was not appointed as a Shali'ach it should be Terumah because a person may be a Shali'ach for someone without his knowledge if it is a Zechus for the person. R. Akiva Eiger answers that although the owner was Megaleh Da'as that he was happy that the Terumah was separated, however he may not have been pleased at the time that he separated Terumah because maybe he wanted to do the Mitzvah himself.

QUICK HALACHAH

FALLING FRUITS
 
If someone finds dry figs on the side of the road even if they are found next to a field where dry figs are laid out to dry he may keep them. If a fig tree overhangs a Reshus ha'Rabim and figs are found underneath the tree they are permitted because the owner is Meya'esh since they get ruined when they fall. However, olives and carob and the like are forbidden. Dates that are blown off a tree are permitted because there is a Chazakah that the owner is Mochel it to anyone who finds them because the animals eat them because of their sweetness. However, if it belongs to orphans who can't be Mochel it is forbidden. So too, if the owner is Makpid and fenced in the trees, or fixed up the place where the dates will fall until they can be retrieved they are forbidden because he was Megaleh Da'as that he was Mochel. (Shulchan Aruch CM 160:6)

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