Bava Metzia 26 - Shushan Purim - May 25, 15 Adar 2
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Today's daf is sponsored in memory of haRav Shmaryahu Yosef Chaim ben Yaakov Yisrael, Rav Chaim Kanievsky zt"l. When one finds an object in a wall, what clues are there in the placement of the object that can attest to whether it belonged to the owner or to someone from the street who left it there? If the object was placed in a part close to the house, but the house was rented to others, there is no obligation to return the object. How does this halacha fit with the Mishna in Shekalim 19 where we assume that money found on the streets of Jerusalem during the holiday season was second tithe money and not from money that may have been left there from the week before? Reish Lakish quotes Bar Kapara and explains that it refers to a room rented to three Jews. How can one explain that in light of the issue in Bava Metzia 24 where they grappled with Rabbi Shimon ben Elazar’s opinion and were unable to decide whether or not there is despair when there is a majority of Jews. There are two resolutions to this question. Rav Menashia bar Yaakov explains that there were three gentiles, not Jews. But Rav Nachman differentiates between the case that Rabbi Shimon ben Elazar was relating to and this case. Rav Nachman’s explanation of this case is consistent with another teaching of his. Raba limits the case of the teaching of Rav Nachman. Raba describes three cases where there is a combination of theft and restitution of lost property and explains what offenses the one who found lost property committed. The Mishna rules in cases where money is found in a store or in a money changer’s store. What are the guidelines for keeping the lost item? Rabbi Elazar rules about a case that was not mentioned in the Mishna. Is it possible to raise a difficulty on his ruling from the wording of the Mishna? What in the Mishna motivated him to understand the halakha in this way?