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    Chapter 1 · Shenayim Ochazin

    A Guarded Courtyard and Owner Presence

    Lesson 25 of 345 26 min

    A guarded courtyard acquires without owner awareness.

    Lesson goals
    • 01Read the source on י״א ע״א (11a) and define the case facts.
    • 02Compare a guarded courtyard without awareness and an open field with its owner far away.
    • 03Answer Which acquires without awareness here? and identify its support in the source.
    01

    Source and decoding

    Bava Metzia 11a
    ותקני ליה שדהו, דאמר רבי יוסי ברבי חנינא: חצרו של אדם קונה לו שלא מדעתו! הני מילי בחצר המשתמרת, אבל חצר שאינה משתמרת, אי עומד בצד שדהו – אין, אי לא – לא.

    Why should his field not acquire for him? Rabbi Yosei son of Rabbi Hanina said: A person’s courtyard acquires for him without his knowledge! That applies to a guarded courtyard. In an unguarded courtyard, if he stands beside his field, yes; otherwise, no.

    A guarded courtyard acquires without owner awareness. The unguarded field here requires standing beside it. The find matters too: an injured deer differs from a normally running one. Declaration does not replace control.

    02

    Building the reasoning

    1. 1Read the source on י״א ע״א (11a) and define the case facts.
    2. 2Compare a guarded courtyard without awareness and an open field with its owner far away.
    3. 3Answer Which acquires without awareness here? and identify its support in the source.

    Which acquires without awareness here?

    03

    The sugya's flow - from Mishnah to conclusion

    1. 01·Mishnah / BaraitaBava Metzia 11a

      רָאָה אוֹתָן רָצִין אַחַר מְצִיאָה, אַחַר צְבִי שָׁבוּר

      The Mishnah establishes that a person's field acquires for him an immobilized find if he declares that his field should acquire it.

    2. 02·KushyaBava Metzia 11a

      The Gemara challenges Shmuel's qualification: why must he stand beside his field, when a person's courtyard acquires for him even without his knowledge?

    3. 03·TerutzBava Metzia 11a

      The Gemara answers that a guarded courtyard acquires without knowledge, but in an unguarded courtyard he must stand beside his field.

    4. 04·RayaBava Metzia 11a

      The Gemara brings proof from the laws of a forgotten sheaf, where an unguarded field only acquires for the owner when he stands beside it.

    5. 05·Conclusion of the sugyaBava Metzia 11a

      The Gemara concludes that an unguarded courtyard acquires a found item for a person only when he stands beside it.

    04

    Open-ended sugya practice

    1. 1Which acquires without awareness here? Answer in your own words and support your explanation with a phrase from the Gemara.
    Practice

    Compare a guarded courtyard without awareness and an open field with its owner far away.

    Lesson wrap-up

    Guarded courtyard - A guarded courtyard acquires without owner awareness. The unguarded field here requires standing beside it. The find matters too: an injured deer differs from a normally running one. Declaration does not replace control.

    Check your understanding

    Test yourself before marking the lesson complete.

    Question 1 of 1

    Which acquires without awareness here?

    Original explanations and translations: Bonei Atalmud. Excerpts were checked against the site’s Gemara text. Explanations and exercises have not undergone rabbinic review and are not halakhic rulings.