Q&A: Bava Metzia
Bava Metzia
Question
Hello Rabbi Michi,
I’m currently studying the chapter “These Are Found Items.” I don’t understand the structure of the first Talmudic passage. In the Talmud, regarding the law of scattered fruits, it asks: “And how much?”—that is, what is the definition of scattering? And the Talmud answers and gives a definition of scattering: a kav within four cubits. In other words, a certain number of fruits over a certain area. On this the Talmud asks, quite rightly, that this definition is not relevant, because it simply depends on whether the fruits appear to be the kind that were intentionally placed there, or fruits that clearly were not placed there and fell from the owner. I don’t understand why the Talmud brings the opinion of Mar Ukva, which seemingly departs from the plain meaning of the Mishnah, and explains that “fruits” means grain that fell from the owner knowingly, and the question is whether it is worth his while to come back and gather it. Why not remain with the simple understanding of “scattered fruits,” namely that they fell from the owner without his knowledge, and the law is “these belong to him,” since fruits have no identifying marks?
Answer
Presumably because there is no novelty in that.