Study Bava Metzia folio 12A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
חצר איתרבאי משום יד ולא גרעה משליחות. גבי גט דחוב הוא לה: אין חבין לאדם אלא בפניו. גבי מתנה דזכות הוא לו: זכין לאדם שלא בפניו.
One’s courtyard is included as a valid means of acquisition due to the fact that it acts as his hand; but it is no less effective than agency. Therefore, with regard to a bill of divorce, which is considered detrimental to the wife, one cannot transfer it to her by placing it in her courtyard in her absence, as one cannot act against the interests of a person unless it is in his presence. By contrast, with regard to a gift, which is beneficial for the recipient, one can give it to him by placing it in his courtyard in the recipient’s absence, as one can act in a person’s interest in his absence.
גופא. ראה אותן רצין אחר המציאה וכו׳. אמר רבי ירמיה אמר רבי יוחנן: והוא שרץ אחריהן ומגיען. בעי רבי ירמיה: במתנה היאך? קבלה מיניה רבי אבא בר כהנא: אף על פי שרץ אחריהן ואין מגיען.
§ The Talmud returns to discuss the matter itself. The Mishnah teaches: If one saw people running after a found ownerless animal, and said: My field has effected acquisition of this animal for me, it has effected acquisition of it for him. R' Yirmeya says that R' Yoḥanan says: And this halakha is true only in a case where he would be able to run after them and catch them. R' Yirmeya raises a dilemma: Does one acquire animals that are given to him as a gift in such a scenario? R' Abba bar Kahana accepted the premise of the dilemma of R' Yirmeya, and ruled that in the case of a gift one acquires the animals even if he would not be able to run after them and catch them.
בעי רבא: זרק ארנקי בפתח זה ויצא בפתח אחר, מהו? אויר שאין סופו לנוח כמונח דמי, או לא?
Rava raises a dilemma: If one threw a purse through this entrance of a house and it went through the house and exited through another entrance, what is the halakha? Does the owner of the house acquire the purse during the course of its flight? The dilemma is: Is an item in the airspace [avir] of a courtyard that will not eventually come to rest in the courtyard itself regarded as though it has come to rest, or is it not regarded as though it has come to rest?