Talmud Bavli
Talmud Bavli

Related for Bava Metzia 43:10

אמימר ומר זוטרא ורב אשי אקלעו לבוסתנא דמרי בר איסק אייתי אריסיה תמרי ורימוני ושדא קמייהו אמימר ורב אשי אכלי מר זוטרא לא אכיל אדהכי אתא מרי בר איסק אשכחינהו וא"ל לאריסיה אמאי לא אייתית להו לרבנן מהנך שפירתא

Therefore we must deal here with a case where [the owner] made him his agent and said to him, 'Go and set apart the heave-offering,' but did not say to him, 'Set it apart from this kind,' and usually an owner sets apart the heave-offering from the medium kind, but that other person went and set it apart from a better kind, whereupon the owner arrived and, finding him [in the field], said to him, 'You should have gone and taken it from a [still] better kind.'[In such a case the law is that] if a better kind can be found [in the field] the offering is valid, but if not, it is not valid. Amemar, Mar zutra. and R. Ashi once entered the orchard of Mari b. Isak [whereupon] his factor brought dates and pomegranates and offered them [to the visitors]: Amemar and R. Ashi ate them, but Mar Zutra did not eat them. Meanwhile Mari b. Isak arrived and he found them. He then said to his factor: Why did you not bring for the Rabbis some of those better kinds [of fruit]? Whereupon Amemar and R. Ashi said to Mar Zutra: Why does the Master not eat now? Has it not been taught: 'If better ones can be found, the offering is valid'?<span class="x" onmousemove="('comment',' As the owner's suggestion to offer up better ones is taken as an expression of his consent to the agent's action in the case of the heave-offering, so here also Mari b. Isak's suggestion to his factor should be taken as an expression of his approval of the factor's action in offering the fruit to the Rabbis. ');"><sup>16</sup></span>

Tosefta Ketubot

A thief who took from this one and gave to that one—whatever he took is taken, whatever he gave is given. A robber who took from this one and gave to that one—whatever he took is taken, whatever he gave is given. If the Jordan [river] took from this one and gave to this one—whatever it took is taken, whatever it gave is given. If a river carried off trees, stones or beams from this one and gave [them] to this one—if the owner despaired [of getting this property back] then they are his [the finder's]; but if the owner is in pursuit after them, or they are in another place [and thus had no way to know that their property was carried off by the river], then they belong to the owner.
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