Bava Metzia 22 - Despair without being Aware

Consider the following ruling: “If a thief, who takes in secret, stole from one and gave to the other, the recipient may keep the goods. Similarly, if a robber, who robs openly, took from one and gave to the other, again the recipient may keep it.

The case of a robber is understandable - the owner despairs of getting his things back, and the recipient thus acquires them. But in the case of a thief the owner is not aware of his loss! It must be that the despair which will come later is already effective, just like Rava and not Abbaye? No! The “thief” is an armed robber, who is like a thief in that he hides – so here too the owner despairs.

And this is one of the six cases where the law follows Abbaye.

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