Quoting%20commentary for Bava Metzia 44:9

יתמי דלאו בני מחילה נינהו מאי אמר ליה באגא בארעא דיתמי לא מחזקינן

how is it that we eat dates that have been shaken down [from the tree] by the wind?<span class="x" onmousemove="('comment',' Seeing that at the time when the dates are shaken down the owner is unaware of his loss and does not consciously give it up. ');">¹⁷</span> — [R. Ashi] answered him: [The owner] gives them up straight away because there are vermin and creeping creatures that eat them.<span class="x" onmousemove="('comment',' The owner knows that some of the dates fall off the tree, and he gives them up in advance because vermin usually get at them and eat them. ');">¹⁸</span>

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