Commentary for Bava Metzia 41:12
היכי דמי אי דרך נפילה אפילו טובא נמי ואי דרך הינוח אפילו בציר מהכי נמי לא
THE FOLLOWING ARTICLES BELONG TO THE FINDER: IF ONE FINDS SCATTERED FRUIT, SCATTERED MONEY,<span class="x" onmousemove="('comment',' Which cannot be identified by the loser and are thus given up by him as beyond recovery. The fact of the loser resigning himself to his loss ([H]) renders the article public property and gives the finder the right to acquire it. ');"><sup>10</sup></span>
Rashi on Bava Metzia
If in a manner of falling - If he found them in the manner of being dropped; [such] that it can be ascertained that they were not placed there internationally, but rather fell.
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Rashi on Bava Metzia
Even greater - than a kav as well; for there is no sign that [the owner] abandoned [them].
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Rashi on Bava Metzia
And if in a manner of placement, etc. - he will return and take them in the future.
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Rashba on Bava Metzia
Gemara: What are the circumstances? 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] - One can be precise [and ask]; if so, why does it originally inquire, "how much?" And one can say that this, "how much," is from the words of Rabbi Yitzchak. And it is as if it said, Rabbi Yitzchak said, "How much? One kav in four cubits." And for that reason, they raised the difficulty, "What are the circumstances." And there is [a case] like this 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 we come back and raise the difficulty, "What are the circumstances," etc. And since it asks, "What are the circumstances," why did it originally inquire, "And forever?" Rather, it is Rav Yehudah that said this. And another [example is] 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? Rav Yeiva said, 'etc.] The full width of the window, etc.' But did it not teach, four cubits etc.?" And And another [example] like these is 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.?"
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