Bava Metzia 12 - 2nd day of Rosh Chodesh - March 11, 1 Adar 2

This month's learning is sponsored in loving memory of Shay Uriel ben Carmit & Harav Shimon Pizam and Ayal Mevorach ben Shiri Chaya & Mordechai Moti Twito. This week's learning is sponsored by Nira Feldman in loving memory of Faye Darack z"l, Finkel bat Baruch v'Dina in commemoration of her first yahrzeit. Rav Ashi explains why if a husband puts a bill of divorce in his wife's courtyard, it is only effective if she is standing nearby, whereas, for a gift, there is no need to be standing near the courtyard. This is based on the principle that one can do something that is in a person's best interest (gift) not in their presence but one cannot do something bad for another (divorce) not in their presence. Rava asks about a case where someone throws a wallet and it goes through the airspace of another's property - is it acquired by the owner of the property as in the case of the Mishna? How is the case different from the case brought in the Mishna? The next Mishna teaches: If the following people find a lost item, the item goes to the father/husband/owner: a young child, a wife, and a Caananite slave. If the following people find a lost item, they can keep it for themselves: an older child, a Jewish slave, and a divorced woman even if she did not receive her ketuba . Shmuel explains that a child who finds a lost item goes to his/her father as it is common for children to give items they find to their parents. This implies that Shmuel holds that a child does not acquire items by Torah law. A difficulty is raised against Shmuel from a braita regarding a worker who leaves sheaves that fall in the field ( leket ) and his child can collect them. The sages suggest three possible resolutions. Rabbi Yochanan disagrees with Shmuel as he understands the word "minor" in the Mishna not to be referring to a minor as one underage but one who is supported by his father, in which case the Mishna teaches nothing regarding the ability of a minor to acquire items. A braita states that a day worker who is hired to do everything for the owner and finds a lost item on the job, the item goes to the one who hired him. This contradicts the Mishna which states that a Jewish slave who finds lost items can keep them. The sages suggest three solutions. What is the case of a Jewish slave woman in the Mishna who gets to keep lost items - shouldn't they go to her father, and if he died, didn't Reish Lakish teach that she go free? To resolve this, they explain that the Mishna means the item goes to her father, not her master. Why does the Mishna need to teach that a divorced woman can keep items she finds? Isn't this obvious?! The case must be one where there is a doubt about whether or not she is divorced. If one finds promissory notes, are they returned to the creditor? On what does it depend? Why?