Tuesday, May 5, 2009

Tuesday's Thoughts on the Daf - Bava Metzia 10

Bava Metzia 10 contains an interesting discussion on "Pe'ah etiquette" within the context of a discussion as to how one can be koneh objects. Abaye mentions that R' Chisda had learned from a Mishna in Pe'ah that if a person who is picking Pe'ah took some of what he was collecting and then threw it on top of other unpicked vegetation in the Pe'ah area, he has not accomplished anything. Furthermore, if the person threw his cloak on top of the unpicked vegetation in the Pe'ah area or flopped down on it, other any'im can forcibly take it from him.

[I can't stop thinking about the various school functions where you show up in advance of the time it is supposed to start and people have thrown their coats on top of entire rows of seats to "reserve" them in advance. No people are there now, even though its 1/2 an hour before the program is supposed to start. However, the seats are "reserved." How I wish we could apply the Pe'ah disenfranchisement to school programs, but I digress].

Tosafos (d'h Ma'avirin) teaches that the person who removes the "flopper" is not even called a wicked person. Tosafos (citing to Kiddushin 59a) explains that if a poor person is trying to make a business deal and acquire a cake at a good price and then another person swoops in and buys it, the aggressor is called a wicked person, because the other person could look elsewhere and try to find a deal without hurting the poor person. However, where the object is ownerless (such as Pe'ah) a person can't just flop on the object and anyone who takes it is not called a wicked person.

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