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1) PICKING UP SOMETHING FOR ANOTHER PERSON

(a) (Rav Nachman and Rav Chisda): Shimon picked up a found object for Reuven - Reuven does not acquire.
(b) Question: Why not?
(c) Answer: This is like one who takes for a creditor when this causes others a loss (other people who might have wanted to take the object), and this does not acquire.
(d) Question (Rava - Beraisa): A worker keeps what he finds - this is only if the employer hired him for a particular job, e.g. 'Weed for me today';

1. But if he said 'Work for me today', the employer gets it.

(e) Answer (Rav Nachman): The case of a worker is different - his hand (power of acquisition) is as the hand of his employer.
(f) Question (Rava): But Rav taught that a worker can quit his job in the middle.
(g) Answer (Rav Nachman): Until he quits, his hand is as his employer's hand.

1. Rav learns from "Ki Li (for to Me) Benei Yisrael are slaves" - they are not slaves to slaves.

(h) (R. Chiya bar Aba): Shimon picked up a found object for Reuven - Reuven acquires.

1. Question (R. Chiya bar Aba): But in the Mishnah, Reuven does not acquire (we are thinking that this is even though Shimon did not say that he picks it up for himself until after he picked it up)!
2. Answer (R. Chiya bar Aba): In the Mishnah, Reuven asked Shimon to give it to him, he never asked him to acquire it for him.

(a) (Mishnah): Reuven saw a found object and fell on it; Shimon grabbed it - Shimon keeps it.
(b) (Gemara - Reish Lakish): In every place, the 4 Amos around a person acquire for him.
(c) Question: Why is this?
(d) Answer: Chachamim enacted this in order that people should not fight (to grab found objects).
(e) Question #1 (R. Chiya bar Yosef - Mishnah): Levi took some Pei'ah and threw it on the rest - this does nothing;

1. If he fell on it or threw his garment on it, others may take the Pei'ah from him.
2. The same applies to a forgotten sheaf (Shichchah).
3. If the 4 Amos around a person acquire for him, he should keep what he fell on!

(f) Answer #1: The case is, he did not say that his 4 Amos should acquire for him.
(g) Question: If Chachamim enacted, he should not need to say anything!
(h) Answer #2 (Abaye): By falling on it, he shows that he wants to acquire by falling, not through his 4 Amos.

(i) Answer #3 (Rav Papa): Chachamim enacted 4 Amos in public areas, not in a private field.

1. Even though the Torah allows poor people to enter the field - this is only to take the Pei'ah, not that it should be like their field.

(j) Question #2 (Rav Idi bar Avin - Mishnah): Reuven saw a lost object and fell on it; Shimon grabbed it - Shimon keeps it.

1. If the 4 Amos around a person acquire for him, he should keep what he fell on!

(k) Answer #1: The case is, he did not say that his 4 Amos should acquire for him.
(l) Question: If Chachamim enacted, he should not need to say anything!
(m) Answer #2: By falling on it, he shows that he wants to acquire by falling, not through his 4 Amos.
(n) Answer #3 (Rav Sheshes): Chachamim only enacted 4 Amos in a Simta (a small path, a place where people make transactions), where it is not so crowded; not in the main road.
(o) Question: But Reish Lakish said that in every place, a person's 4 Amos acquire!
(p) Answer: 'In every place' comes to include the sides of the main road.

(a) (Reish Lakish): A girl (minor) does not acquire through her Chatzer, nor through her 4 Amos.
(b) (R. Yochanan): She acquires through her Chatzer and her 4 Amos.
(c) Question: On what do they argue?
(d) Answer: R. Yochanan holds, the Torah says that a Chatzer acquires as a person's hand - just as she has a hand (to acquire a Get), she has a yard;

1. Reish Lakish holds, the Torah says that a Chatzer acquires as a person's agent - just as an agent does not acquire for her (minors cannot make agents), her yard does not acquire for her.

(e) Question: Does anyone hold that a Chatzer acquires as a person's agent?!

1. (Beraisa) Question: "(If the stolen object will be found) in his hand" - how do we know to include his roof, yard or storage area?
2. Answer: "Himatzei Timatzei" - the double language comes to include them.

i. If they acquire (theft) as agents - they would be agents to sin, but we hold that there cannot be an agent to sin!

(f) Answer #1 (Ravina): We only say that there cannot be an agent to sin when the agent is liable for transgressing - a Chatzer is not liable, so (it can be an agent to sin,) the person is liable for what the Chatzer acquires.

1. Question: If so - if Reuven told a (married) woman or a slave to steal, Reuven is liable, for they are not liable?!
2. Answer: Married women and slaves are liable, just they are unable to pay now;

i. (Mishnah): If the woman became divorced or the slave was freed, they must pay.

(g) Answer #2 (Rav Sama): We only say that there cannot be an agent to sin when the agent can choose whether or not to comply - a Chatzer has no choice, so the person is liable.
(h) Question: What is the difference between the 2 answers?
(i) Answer: A Kohen that told a Yisrael 'Mekadesh a divorcee to me', or a man who told a woman 'cut the sidelocks of a boy for me';

1. Since they can choose to obey or not, Rav Sama holds that the one who told them is not liable for their actions;
2. Since they are not forbidden to do these actions, Ravina holds that the one who told them is liable for their actions.

(j) Question: Does anyone hold that a Chatzer does not acquire as a person's hand?!

1. (Beraisa) Question: "(And he will give (a Get)) in her hand" - how do we know to include her roof, yard or storage area?
2. Answer: "And he will give" (this is written before "her hand", suggesting that he can put it in other places as well.

(k) Answer #1: Regarding a Get, all agree that her yard acquires as her hand;

1. They argue regarding a found object: R. Yochanan learns from Get to a found object, Reish Lakish does not.

(l) Answer #2 (Retraction): Really, all agree that regarding a girl we learn from Get to a found object (that her yard acquires as her hand);

1. They argue regarding a boy. R. Yochanan learns a boy from a girl (his yard acquires as his hand), Reish Lakish does not.]

(m) Answer #3 (Retraction): R. Yochanan and Reish Lakish do not argue at all - they spoke about different things.

1. [Version #1: Reish Lakish said that a boy does not acquire through his yard or 4 Amos, R. Yochanan said that a girl does.]
2. [Version #2: Reish Lakish said that a girl does not acquire a found object through her yard or 4 Amos, R. Yochanan said that she acquires a Get through her yard or 4 Amos.]