Sunday, May 17, 2009

Bava Metzia 22 - Despair without being Aware (Finds)

Consider the ruling: "If a thief, who takes in secret, stole from one and gave to the other, the recipient may keep the goods." Similarly, if a robber who robs openly takes from one and delivers to the other, the recipient may keep it again.

The robber case is understandable - the owner despairs getting his things back, and the recipient thus acquires them. But in the case of a thief, the owner is unaware of his loss! It must be that the despair that will come later is already effective, just like Rava and not Abaye? No! The "thief" is an armed robber who is like a thief in that he hides – so here, too, the owner despairs.

Art: Stealing the Key by Marcus Stone

No comments: