Commentary for Bava Metzia 41:11

Gemara: And how much - is [still] considered scattered?

And how much? Rabbi Yitzchak says, "One kav in four [by four] cubits" - and it must be said that Rabbi Yitzchak himself inquired, "And how much?" For if the gemara inquired, "And how much," let it establish [the case as being in] the manner of being dropped, and even more [than a kav] - as the gemara challenges after this. Rather [the question] is from the words of Rabbi Yitzchak. And Rabbi Yitzchak may not establish [the case to be] in the manner of being dropped and even more, because he holds - like Abbaye - that abandonment without intention is not [considered] abandonment. Rather, he establishes it to be in the gathering [of grain] on the threshing floor, such that he left them there intentionally. And likewise in this way is it found in our chapter (Bava Metzia 30b) that when it inquires, "And forever? Rav Yehuda [answers], etc." - it must be said that Rav Yehudah said, "And forever?" And likewise in the chapter [entitled] Lo Yachpor (Bava Batra 22b, and Tosafot there, s.v. and how much) concerning distancing from windows, such that it says, "And how much? Rav Yeiva said, 'The full width of the window.'"

A kav - scattered in four [by four] cubits; but in three [by three] cubits, it is not [considered] scattered. And the reason will be explained as we go.

Scattered produce. And how much, etc... What are the circumstances?: There are those that raise the difficulty for us, that since the Talmud holds that if [the case was in] the manner of being placed, even less [than a kav would require announcement]; if [it was] in the manner of being dropped, even more [than a kav would belong to the finder] - why does it originally inquire, "and how much." And they answer that Rabbi Yitzchak himself said this: "And how much? One kav in four cubits." And so too do they explain that which it says later (Bava Metzia 30b) concerning one who found a donkey or a cow grazing on a path not being a lost object, and the gemara inquires, "And forever;" and Rav Yehuda [answers], three days," and it comes back and asks, "What are the circumstances," etc. And since it asks, "What are the circumstances," why did it originally inquire, "And how much (forever)?" Rather, it is Rav Yehudah that inquired this. And likewise in the chapter [entitled] Lo Yachpor (Bava Batra 22b) [when it says], "With what are we dealing here? [With a wall that is positioned] to the side. And how much? The full width of the window, etc. But can’t he still peer in, etc.?" And so have I heard and it is a correct thing. And likewise in this way is that which they said in the first chapter of Chagigah 4a, "Slaves, from where do we derive it? Rav Huna said, 'The verse stated, etc.'" And it goes back and asks, "Why do I need a verse, etc.?" And it is likewise in many places. And likewise that which we said in the first chapter (Bava Metzia 18b) - "Rabba does not say like Rabbi Zeira, as he holds that a mishna is stronger for raising a difficulty" - is in this way. For at the beginning, it is the Talmud saying it. However the one in the chapter [entitled] Lo Yachpor is not similar to these. And its main explanation is like this: The one that asked the question was not at ease with four cubits nor was he at ease with the full width of the window, but rather with an in-between measurement, such as [two] (four) cubits and that which is similar to it.