PAST DEDICATION
BAVA METZIA 21 - Dedicated by Drs. Shalom and Syma Kelman of Baltimore in honor of their children and grandchildren.

1)

DO WE ACT ACCORDING TO A RECEIPT? (cont.)

(a)

Question #4 (Beraisa): A receipt that has witnesses is validated through the signatures.

(b)

Rejection: It is validated (established) through asking the signers if the loan was paid.

(c)

Question #5 (Beraisa): A receipt that has witnesses is Kosher.

(d)

Rejection: It is Kosher if it has witnesses of a Henpek (a validation of Beis Din, for the loan was paid).

(e)

Support (for R. Yirmiyah - Seifa): A receipt that has no witnesses is invalid.

1.

If is has no witnesses at all, this is obvious!

2.

Rather, it has no witnesses of validation (even though witnesses are signed on it).

(f)

(Beraisa): A receipt which has witnesses is validated through the signatures;

(g)

If it has no witnesses, and a third party holds it or it is written on the loan document below the signatures, it is valid.

1.

If a third party holds it, it is valid, for the lender trusted the third party;

2.

If it is written on the loan document below the signatures, it is valid, for the lender would not allow them to taint his document unless he was really paid.

PEREK ELU METZI'OS
2)

WHICH METZI'OS MAY BE KEPT?

(a)

(Mishnah - R. Meir): If one found any of the following, he may keep it: scattered Peros or coins, small bundles of sheaves in the Reshus ha'Rabim, rings of figs, baker's loaves, fish threaded on strings, pieces of meat, wool shearings, bundles of flax, and strips of purple wool;

(b)

R. Yehudah says, one must announce to return anything abnormal, such as a ring of figs with pottery inside.

(c)

R. Shimon ben Elazar says, one need not announce Anpurya Kelim (this will be explained).

(d)

(Gemara) Question: How much scattered Peros may one keep?

(e)

Answer (R. Yitzchak): One may keep one Kav (of grain) spread over four (by four) Amos.

(f)

Question: What is the case?

1.

If it is scattered like Peros that fell, even if it is denser than this, he should be allowed to keep them!

2.

If it seems that it was placed down and did not fall, even if it is sparser than this, it should be forbidden to keep!

(g)

Answer (Rav Ukva bar Chama): The case is, it was the time (Rashi; Rambam - place) of gathering the Peros (this was left over).

1.

If one Kav is spread over four Amos, the owner will not exert himself to gather it, and he makes it Hefker. If it is closer together than this, he gathers it.

(h)

Question (R. Yirmiyah): If a half Kav is spread over two Amos (by four Amos; alternatively, by two Amos), what is the law?

1.

If the reason he does not gather one Kav in four Amos is because the exertion is too much, here (perhaps he would return for it, for) it is not so much exertion;

2.

If one does not gather one Kav in four Amos is because it is not worth very much, all the more so a half Kav spread over two Amos (he makes it Hefker).

(i)

Question: If two Kavim are spread over eight Amos. what is the law?

1.

If one does not gather one Kav in four Amos is because the exertion is too much, all the more so here;

2.

If one does not gather one Kav in four Amos is because it is not worth very much, (perhaps here is different, for) two Kavim in eight Amos is worthwhile.

(j)

Question: If a Kav of sesame is spread over four Amos, what is the law?

1.

If one does not gather one Kav (of grain) in four Amos is because it is not worth very much, (perhaps here is different, for) sesame is worth a lot;

2.

If one does not gather one Kav in four Amos is because the exertion is too much, all the more so sesame, which is hard to gather.

(k)

Question: If a Kav of dates or pomegranates is spread over four Amos, what is the law?

1.

If one does not gather one Kav in four Amos is because the exertion is too much, (perhaps here is different, for) it is not so much exertion;

2.

If one does not gather one Kav in four Amos is because it is not worth very much, all the more so here!

(l)

These questions are unsettled.

21b----------------------------------------21b

3)

SOMEONE WHO DOES NOT KNOW TO DESPAIR

(a)

(Abaye): If one would despair from something if he knew that he dropped it, but he does not know that he dropped it, it is not considered as if he despaired;

(b)

(Rava): It is as if he despaired.

(c)

If something has a Siman, no one considers it as if he despaired;

1.

Even if we heard him despair later, the finder may not keep it, since when he picked it up it was forbidden (to keep it. He was obligated to announce it to try to return it to the owner, for normally, one who something with a Siman expects to get it back by telling the Siman.)

(d)

If something was taken by a high tide or an overflowing river, all agree that even if it has a Siman, the Torah lets the finder keep it (like we will explain later).

(e)

They argue about something that has no Siman.

1.

Abaye does not consider it as if the owner despaired, because he does not know yet;

2.

Rava considers it as if the owner despaired, for when he finds out, he will despair.

4)

ATTEMPTED PROOFS FOR RAVA

(a)

(We try to bring supports for Rava (which are questions against Abaye) from our Mishnah and other sources that permit keeping things, even though the owner might not know that he dropped them.)

(b)

Support (Mishnah): If one found scattered Peros, he may keep them (even though the owner might not know that he lost them).

(c)

Rejection: Rav Ukva bar Chama established the case to be leftover Peros at the time (or place) of gathering. The owner knows that he lost them.

(d)

Support (Mishnah): Or scattered coins.

(e)

Rejection: R. Yitzchak explained that this is because people constantly check their wallets. (Surely, the owner realized that he dropped them before the finder found them.)

(f)

Support (Mishnah): Rings of figs or baker's loaves.

(g)

Rejection: Since they are heavy, surely the owner realized that he dropped them.

(h)

Support (Mishnah): Strips of purple wool.

(i)

Rejection: Since they are valuable, people constantly feel (to check that they still have them), just like they check their wallets (according to R. Yitzchak).

(j)

Support (Beraisa): If one finds coins in a Beis ha'Keneses, Beis Medrash or any place where many people go, he may keep them, because the owner despairs.

(k)

Rejection (R. Yitzchak): This is because people constantly check their wallets.

(l)

Support (Mishnah): Everyone (i.e. even rich people) may take Leket (grain that is dropped during harvesting, and must be left for the poor) after the Nemushos passed through.

1.

Question: What are Nemushos?

2.

Answer #1 (R. Yochanan): They are elderly people who walk on canes (they go slowly, and do not miss anything).

3.

Answer #2 (Reish Lakish): They are the second wave of collectors.

4.

Even if poor people here know that they have passed through, Aniyim elsewhere do not know and have not despaired (yet the Leket is permitted to all)!

(m)

Rejection: Since there are Aniyim here, Aniyim elsewhere (assume that the Aniyim here will take all the Leket, and) despair from the outset.

(n)

(Mishnah): If one finds dried figs on the road, even next to a field of drying figs, or figs found under a tree whose foliage leans over the Reshus ha'Rabim, he may keep them. They are exempt from Ma'aser;

1.

Regarding olives and carobs, they are forbidden.

2.

The Reisha is not difficult for Abaye. Since figs are valuable, the owner (constantly checks and) is aware once they fall.

3.

The Seifa refutes Rava!

(o)

Answer (R. Avahu): Olives are recognizable (from whose tree they fell), so the owner does not despair.

(p)

Question: If so, also regarding figs, the owners should not despair!

(q)

Answer (Rav Papa): A fig becomes detestable when it falls.

OTHER D.A.F. RESOURCES
ON THIS DAF