Dear Kollel,
We have a case where Reuven is riding on a Behema and sees a Metziah. He asks Shimon to pick it up for him, which he does.
But before giving it to Reuven, Shimon decides to keep it for himself. The Mishnah says that Shimon gets to keep it.
Rav Nachman says that even if Shimon had intended it for Reuven at the time he picked it up, still Shimon may keep it because "Hamagbiah Metziah L'Chaveiro Lo Konneh Chaveiro".
Although Shimon gets to keep it, ... is he Oiver the L'Av of "Ani HaMechapech B'Charara"
Thank You
N Z
1) Tosfos in Kidushin (59a, DH Ani) writes in the name of Rabeinu Tam that if the "Chararah" is of Hefker, he may take it away from the pauper, because if he does not he will not be able to find this item for free anywhere else. Rabeinu Tam writes that "Ani ha'Mehapech b'Chararah" applies only when the pauper wants to get a job or buy something and someone else gets there first. His friend could have found a job or made the purchase eleswhere. Tosfos cites as a proof for this our Mishnah (Bava Metzia 10a) where Reuven saw the Metzi'ah and fell on it and then Shimon took it away from him. Shimon is not considered a Rasha because he acquired the Metzi'ah from Hefker.
2) The Ran in Kidushin (24a of the pages of the Rif, DH Rav Gidel) cites the Ramban who disagrees with Rabeinu Tam and maintains that even if the Ani is looking in Hefker, the person who takes it away from him is called a Rasha. However, the Ramban maintains that if a rich person was looking for the Chararah and someone else arrived there first, he is not considered a Rasha, becaue the rich man has plenty of bread at home. According to this, we can say that in our Gemara Reuven would have had no difficulty obtaining the Metzi'ah by some other means, so Shimon is not a Rasha if he gets in first.
Kol Tuv,
Dovid Bloom