Bava Metzia

Anticipated abandonment [of the hope of recovering a lost article]  is, Abaye maintains,no abandonment,  but Raba maintains, it is an abandonment.  [If the lost article is] a thing which has an identification mark, all agree that [the anticipation of its abandonment by the owner] is no abandonment, and even if in the end  we hear him [express regret at his loss in a way that makes it clear] that he has abandoned it, it is not [deemed to be an] abandonment, for when [the finder] took possession  of it he had no right to it  because [it is assumed that] when [the loser] becomes aware that he lost it he will not give up the hope [of recovering it] but says [to himself], 'I can recognise it by an identification mark; I shall indicate the identification mark and shall take it back.' [If the lost article is found] in the intertidal space of the seashore or on ground that is flooded by a river, then, even if it has an identification mark, the Divine Law permits [the finder to acquire it], as we shall explain further on.  They differ only where the article has no identification mark. Abaye says: It is no abandonment because [the loser] did not know that he lost it;  Raba says: It is an abandonment, because when he becomes aware that he lost it he gives up the hope [of recovering it] as he says [to himself], 'I cannot recognise it by an identification mark,' it is therefore as if he had given up hope from the moment [he lost it]. (Mnemonic: PMGSH MMKGTY KKS'Z.)  Come and hear: SCATTERED FRUIT  — [is not this a case where the loser] did not know that he lost it? — R. 'Ukba b. Hama has already explained that we deal here with [the remains of] what has been gathered on the threshing floor, so that [the owner] is aware of his loss. Come and hear: SCATTERED MONEY, [etc.] BELONG TO THE FINDER. Why? [Is it not a case where the loser] did not know that he lost it? — There also it is even as R. Isaac said: A man usually feels for his purse at frequent intervals.  So here, too, [we say,] 'A man usually feels for his purse at frequent intervals' [and soon discovers his loss]. Come and hear: ROUND CAKES OF PRESSED FIGS, A BAKER'S LOAVES, [etc.] BELONG TO THE FINDER. Why? [Is it not a case where the loser] did not know that he lost it? — There also he becomes aware of his loss, because [the lost articles] are heavy. Come and hear: STRIPES OF PURPLE [etc.] — THEY BELONG TO THE FINDER. Why? [Is it not a case where the loser] did not know that he lost them? — There also [he becomes aware of his loss] because the articles are valuable, and he frequently feels for them, even as R. Isaac said. Come and hear: If one finds money in a Synagogue or in a house of study, or in any other place where many people congregate, it belongs to him, because the owner has given up the hope of recovering it. [Is not this a case where the loser] did not know that he lost it? — R. Isaac answered: people usually feel for their purse at frequent intervals. Come and hear: From what time are people allowed to appropriate the gleanings [of a reaped field]?  After the 'gropers' have gone through it.  Whereupon we asked: What is meant by the 'gropers'? and R. Johanan answered: Old people who walk leaning on a stick,  while Resh Lakish answered: The last in the succession of gleaners.  Now why should this be so? Granted that the local poor give up hope [of finding any gleanings].  there are poor people in other places who do not give up hope?  — I will say: Seeing that there are local poor, those [in other places] give up hope straight away, as they say. 'The poor of that place have already gleaned it.' Come and hear: Cut figs [found] on the road, even if [found] beside a field [covered with] cut figs.  and also figs found under a fig-tree that overhangs the road, may be appropriated [by the finder] without him being guilty of robbery, and they are free from tithing,  but olives and carob-beans are forbidden.  Now, the first part [of the Mishnah] implies no contradiction to Abaye  because [cut figs], being valuable, are under constant observation;  [whole] figs also are known to drop.  But the last part [of the Mishnah]. which teaches that olives and carob-beans are forbidden, implies a contradiction to Raba!  — R. Abbahu answered: Olives are different [from other fruit] because one can recognise them by their appearance, and although olives drop [to the ground] the place of each one is known.  But if so, the same should apply to [whole figs in] the first part [of the Mishnah]?  — R. papa answered: Figs become filthy when they [drop to the ground]. Come and hear: If a thief takes from one and gives to another, or if a robber takes from one and gives to another,