More Discussions for this daf
1. Terumah from the best there is 2. Zuto Shel Yam 3. Homemade Loaves
4. Yi'ush on an object of little value 5. Daf 22a 6. Abaye and Rava
7. Teyuvta d'Rava 8. Ye'ush 9. be'Chi Yutan
10. b'Chi Yutan + Happiness 11. Is Listim Mezuyan a Ganav? 12. Ye'ush She'Lo Mi'Da'as
13. תמיהה בשיטה מקובצת 14. ואפילו בדבר שיש בו סימן
DAF DISCUSSIONS - BAVA METZIA 22

mordechai abisror asks:

is saving something from the tide of the sea like saving something from an army like baba kama says

mordechai abisror, long branch, new jersey

The Kollel replies:

Dear Mordechai,

From the tide of the sea is automatically Hefker. The Gemara (22b) explains that there is no responsibility of Hashavas Aveidah only when something is lost to the owner but not lost to others, while Zuto Shel Yam is lost to everyone. The Gemara in Bava Metzia (24a) says that saving from a lion is also included in Zuto Shel Yam. See Shulchan Aruch, Choshen Mishpat 259:7, that even if the owner "stands and shouts," it is Hefker.

The Gemara in Bava Kama (114a) discusses a case of one who saves from bandits or invading soldiers. Only if there is Yi'ush that the owner gave up does the object become Hefker. See Choshen Mishpat 368:1, that with certain bandits we assume there was Yi'ush. After Yi'ush, it is permissible for the finder to keep the item.

All the best,

Reuven Weiner

Sam Kosofsky comments:

Rebbe,

I once heard in the name of Rav Shamshon Raphael Hirsch that the reason zuto shel yam is hefker is to teach us a lesson. A Jew shouldn't be so attached to his possessions to that extent.

B'kavod,

Sam Kosofsky