Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:

Bava Batra,  Bava Metzia 

Halacha:

Bein Adam l'Chaveiro,  Hashavat Aveidah,  Nezikin 

Collections: Rabbi Berzon: Bava Batra

Description

What is the status of one who finds a lost object? Is he holding it on behalf of the one who lost the object? Or, is he taking it into his own possession because once the object has left the רשות of the original owner, the object has a שם אבוד which allows the finder to grab hold of the object for himself? The difference will be the case in our Mishna where one finds a bird outside of the 50 Amot radius of the nearest coupe. Can the finder claim רוב and use that as evidence to support his possession of the object? This issue could explain the give-and-take of Tos', and the final conclusion is that since the bird has no mark of identification, the mitzva of Hashavat Aveida does not emerge, and the finder can claim the object for himself.