S'il montait sur une bête et voyait un metziah (un objet perdu), et qu'il disait à son ami: "Donne-le-moi" —S'il (l'ami) l'a pris et a dit: "Je l'ai acquis" (pour moi-même), il l'acquiert. [Mais si lui le cavalier) a dit: "Acquérez-le pour moi", le cavalier l'acquiert, et l'autre ne peut pas dire: "Je l'ai acquis" (pour moi)]. Si après lui avoir donné, il a dit: «Je l'ai acquis d'abord», il n'a rien dit. [Pour celui-ci (le cavalier) qui l'a retiré de sa main, l'a acquis; et tant qu'il était entre les mains de celui qui l'avait ramassé, c'était hefker (propriété sans propriétaire)].
Bartenura on Mishnah Bava Metzia
אמר לחבירו תנה לי וכו' – but if he said: “I have taken possession of it,” the rider has purchased it, and the leader cannot say: “I have taken possession of it.”
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English Explanation of Mishnah Bava Metzia
Introduction
The third and fourth mishnah of our chapter deal with ownership disputes in which two people lay claim to a found object.
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Bartenura on Mishnah Bava Metzia
לא אמר כלום – that he acquired it when he drew/seized it from his fellow’s hand, and all the while that it was in the hand of the one who lifted it, it is was ownerless.
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English Explanation of Mishnah Bava Metzia
If a man was riding on a beast and saw lost property and said to his fellow, “Give it to me”, and the other took it and said, “I have acquired it”, he (the has acquired it. But if after he gave it to him he said, “I acquired it first”, he has said nothing. In the first section of the mishnah a person saw an object while riding on an animal and told his friend to pick it up for him. When his friend picked it up he claimed it for himself. According to the mishnah the person who picked it up can claim title to the object. If, however, the person picked it up and then gave it to his fellow, he cannot subsequently claim title. The person’s claim to ownership must come at the same time that he actually has possession of the object and not after he has already given it to someone else. unable to leave the field; 3) the owner of the field makes a claim of acquisition over the animal.
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English Explanation of Mishnah Bava Metzia
Questions for Further Thought: Mishnah three: According to the mishnah by merely telling the other person to pick it up for him the person riding on the animal does not acquire the object. Why not?
