Commentary for Bava Metzia 42:1
יאוש שלא מדעת אביי אמר לא הוי יאוש ורבא אמר הוי יאוש
Anticipated abandonment [of the hope of recovering a lost article]<span class="x" onmousemove="('comment',' Lit., 'unconscious abandonment.' I.e., if an article is found before the loser has become aware of his loss, and the circumstances are such that the loser would have abandoned the hope of recovering the article had he known that he lost it. ');"><sup>1</sup></span> is, Abaye maintains,no abandonment,<span class="x" onmousemove="('comment',' And the finder has no right to keep the article. ');"><sup>2</sup></span>
Rashi on Bava Metzia
Despair (abandonment) that is not conscious - Something that in a standard case is abandoned when he knows that it fell from him; but when [the finder] found it, the owners did not yet know that it fell from them.
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Rashi on Bava Metzia
Is not [considered] despair (abandonment) - Their argument will be explained in its continuation.
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