Related for Bava Metzia 43:2
בשלמא גזלן וירדן דקא חזי להו ומיאש אלא גנב מי קא חזי ליה דמיאש תרגמה רב פפא בלסטים מזוין אי הכי היינו גזלן תרי גווני גזלן
Now, this is obviously right as regards [things taken] by a robber or by the Jordan, because [the owner] sees them [when they are taken]<span class="x" onmousemove="('comment',' He sees them being carried off and he at once abandons them. ');"><sup>3</sup></span> and he gives up hope, but as regards a thief — does the owner see him [steal] so that [we could say that] he has given up hope?<span class="x" onmousemove="('comment',' As the owner does not become aware of his loss when it occurs he cannot be said to have consciously abandoned hope. ');"><sup>4</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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