Bava Metzia - Daf 10
- קנין ד' אמות
Reish Lakish quoted Abba Kohen Bardela: ארבע אמות של אדם קונות לו בכל מקום – A person’s four amos acquire for him anywhere. The Rabbis enacted this, דלא אתי לאנצויי – so that people will not come to quarrel when trying to acquire hefker. This ruling is challenged from our Mishnah, which states that if someone saw an ownerless article and fell upon it, and someone else came and seized it, the second person acquires it. If a person’s four amos acquire for him, then the first person should own it, since he was within four amos of it first!? The Gemara answers that since the finder fell upon it, גלי דעתיה דבנפילה ניחא ליה דנקני – he has revealed his intention that he wants to acquire it through falling on it; בארבע אמות לא ניחא ליה דנקני – but he does not want to acquire it through the kinyan of “four amos.” Rav Sheishess answers: ברשות הרבים דקא דחקי רבים – in a public thoroughfare, where the public crowds, acquiring through four amos was not instituted (since others share his space). Although Reish Lakish said four amos acquire "בכל מקום", this means to include צידי רשות הרבים – the shoulders of the public thoroughfare.
- חצר משום יד או משום שליחות
Reish Lakish says that a קטנה does not acquire with her chatzeir, nor with her four amos, and Rebbe Yochanan says she does. The Gemara explains that Rebbe Yochanan holds: חצר משום ידה איתרבאי – a wife’s ability to be divorced through placing a get in her chatzeir is derived from her hand; since a קטנה can be divorced by placing the get in her hand, it can also be placed in her chatzeir. Reish Lakish holds: חצר משום שליחות איתרבאי – the law of chatzeir is derived from the principal of agency; since a קטנה cannot appoint a shaliach, she cannot be divorced with her chatzeir. At the end of the Daf, the Gemara asks that a Baraisa clearly derives chatzeir for divorce from the wife’s hand. Therefore, the Gemara says all agree that regarding divorce, a chatzeir operates like one’s hand, and three new interpretations are given: (1) They argue if acquiring hefker with a chatzeir is derived from divorce laws (and if a קטנה can acquire hefker with her chatzeir). (2) Although a קטנה can acquire hefker with her chatzeir, they argue if the same applies to a male קטן. (3) There is no argument, and Rebbe Yochanan discusses a קטנה, while Reish Lakish discusses a קטן.
- שליח לדבר עבירה re: a chatzeir
The Gemara objects to saying that chatzeir acquires through shelichus, because a Baraisa teaches that one is liable for stealing with his chatzeir, and אין שליח לדבר עבירה – there cannot be an agent for an act of transgression!? Rava answers that this is only היכא דשליח בר חיובא הוא – where the shaliach is a liable party for such transgressions; a chatzeir, which is not subject to mitzvos, can even be a shaliach for an aveirah. Rav Samma answers that the principle applies היכא דאי בעי עביד ואי בעי לא עביד – where if [the shaliach] wants, he can do [the shelichus], and if he does not want to, he does not have to do it. A chatzeir, into which items are placed without its “consent,” operates for its owner even for an aveirah.
Two practical differences are given between these reasons: (1) If a Kohen instructs a Yisroel to be mekadesh a divorcee for him (which is prohibited for a Kohen, but not a Yisroel). (2) If a man tells a woman to round the peyos of a קטן (which is not prohibited for a woman). Although these sheluchim are not subject to the respective prohibitions, they have a choice whether to perform the shelichus or not.
