The document discusses a debate between Rabbi Abaye and Rabba about whether a lost object without an identifying mark must be returned if found. Abaye says it is not considered ownerless/abandoned yet since the owner does not know it was lost. Rabba says if the owner knew it was lost, they would consider it abandoned, so the finder can keep it. They agree an object with a mark must be returned, unless lost in water where God permits the finder to keep it.

1. בבא מציאהדף כא. Part 1 Rabbi Yisroel Pollock Emek Hebrew Academy

2. Can Aron Take the Chocolate? Math Test She doesn’t know now that I got an A+. If she was home she would have given it to me. For each A+, I’ll give you a chocolate bar. Not Home

3. אביי No!!!!

4. It was learned (in a ברייתא) He would have been מיאש But he did not yet know he lost it. A person finds a מציאה that the owner would have been מיאש on had he known he lost it. Identifying mark Giving up hope on a lost object If it had a סימן, the owner wouldn’t give up hope The Amora,אביי says It is not considered יאוש and the Amora,רבאsays It is considered יאוש

5. אביי No

6. Property of רבי Rebbi רבא Who is the whole world? Yes!! דע To know With something That there is in it A סימן – sign The whole world (everybody אביי and רבא) Do not argue That it is not considered יאוש You must return it

7. The found object אביי and רבא That you must return the found object The object that he lost

9. And even though That he heard him about that he was מיאש in the end Still, it is not considered יאוש finder owner Because when he found it, the owner had not yet given up hope. Therefore, the finder has a חייב השבה – an obligation to return it.

10. That when it came into his hands, In a forbidden state it came into his hands You must return an object with a סימן because you have a חייב השבה an obligation to return it. This is because the owner was definitely not מיאש on it at the time that you found it, because he is still hoping to get it back.

11. An obligation to return a מציאה is called a חיוב השבה Once a חיוב השבה takes place you must return it even if the owner is מיאשafterwards.

12. The finder’s hands To keep it. He must return it because he has a חייב השבה. Found object with a סימן You must return it אביי You must return it רבא

13. That had he known that it fell from him He would not be מיאש He will surely say, “A sign Real English: “I have a sign on it” is to me on it. I will give the sign and take it.”

14. He hopes that somebody will find it and return it to him. The owner that had he known His מציאה – his lost object The owner

16. דלא דשמעיניה דמיאש דכי דאתא דלכי דנפל

17. (if you lose an object) In the tide of the sea Or in the overflow of a river Even though That there is in it A sign (the merciful one) Hashem permits it (the finder to keep it) Like we need to say later on

18. Even though they have a סימן and the owner is screaming that he is not מיאש, still the Torah lets the finder keep it, because the object is lost from everybody He is merciful Found object with a סימן Washed away by Sea or River You must return it אביי You may keep it. You must return it רבא You may keep it.

19. When do they argue? (by what case) About/with an object that has no סימן. אביי What do they argue about? Who argues? רבא

20. יאוש שלא מדעת You lose an object that has no סימן אביי “He needs to be מיאש” NOW!!! You must return it

21. The Amoraאביי says It is not considered יאוש that but (because) he didn’t know that it fell from him. Found object without a סימן Found object with a סימן Washed away by Sea or River You must return it You must return it אביי You may keep it. You must return it רבא You may keep it.

22. יאוש שלא מדעת You lose an object that has no סימן רבא “He would have beenמיאש” You can keep it

23. רבא says “It is considered יאוש that had he known that it fell from him, he is מיאש (because) he will surely say “a sign Real English: “I don’t have a sign on it” there is not to me on it (Therefore) From now He is מיאש

24. Found object without a סימן Found object with a סימן Washed away by Sea or River You must return it You must return it אביי You may keep it. You must return it רבא You may keep it. You may keep it. Click Where is the מחלוקת?

25. No סימן 10:00 10:05 10:07 Lost יאוש Found סימן NO 10:00 10:05 10:07 Lost Found יאוש