Bava Metzia 8: Two People, Status, and Acquisition

The rabbis continue to clarify what is done when two people take hold of a found object simultaneously.  How is ownership determined?  How do timing, status, and the nature of the item factor into the possibility of ownership?  If the item is divided, how is that done?

Today the rabbis tell us that an item is split in two across the most valuable part of that item when  part of it is made of gold.  If the item is an animal, the determination of ownership is similar to that of two people when one is sitting on the animal and the other is leading the animal. The value of the animal is split between these two people.

What if one of the people is both deaf and cannot speak?  These people do not have the same rights of ownership as others in ancient times.  However, one can acquire an item on behalf of one's friend.  Perhaps both people are able to acquire the item in this case as well.  The rabbis also consider ownership between partners when one is an "imbecile" (another category of people who do not have full ownership rights).  By comparing acquisition through finding a lost item to acquisition through buying an item, the rabbis are able to understand that the found item might be shared regardless of the status of one of these two people.

Our Gemara considers the implications of riding an animal when considering acquisition of that animal.  One is holding the reins, touching the animal, and grasping the animal with his legs.  Should we assume that that person has a greater degree of ownership?  However, some rabbis have argued that a donkey is not acquired through pulling (like other items which are acquired in that way).  Further, one might not acquire an animal through riding, either.  

Steinsaltz shares a note that teaches us the halacha in such a case: if two people wish to claim ownership of a found animal, the person who sits on the animal acquires it.  The person who takes the animal's reins acquires the part of the reins that are held.  Similarly, a garment found lying half on the ground and half on a pillar is split between the two people who simultaneously grab it - one from the ground and one from the pillar - regardless of the manner in which they grabbed the garment.  This is commonly understood as the halacha regarding acquisition.