Found in the Old Wall
Hello Rabbi!
In the Mishnah of Baba Metzia, “He found an old wall, and these are his.”
The Tosefta explains why it can be said of the Amorites.
Is Amorite a dengue of other owners of the house? So why specifically Amorite or is it specifically Amorite and then there is no obligation to return it because they are Gentiles?
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Thank you very much Rabbi for the quick answer.
I have a few more questions for your understanding.
1. The definition of an ‘old wall’ is it a wall of a house that is inherited in the family, or is it an old house that has been taxed at various costs?
2. What is the main reason for the loss of the originator? If it is a house that is inherited in the family, then it belongs to the owner of the house {belongs to the family}. Perhaps this is why the Gemara relies on the Amoraim to say that there is also a probability that it does not belong to the family. And if it is not inherited in the family, then the originator can simply claim that it does not necessarily belong to the current owners but to the previous owners. Who have probably already given up.
3. Why did the Gemara not discuss the case of finding it on the outside of the wall in an old wall?
1. I think it depends on the two explanations above. If it is about the Amorites, then the assumption is that the house was inherited in the family.
2. As above.
3. Apparently the outer part of the old wall was laid by outsiders, and therefore there should be no difference between the old and new wall.
From the Amorites it follows that the house was taken and not bought. In such a situation, the first to claim any object in the area that has not yet been claimed is the first to claim it.
If there was another gentile from whom the house was bought, this argument does not hold.
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