A persons courtyard doesn’t have acquisition superpowers TB Baba Kama 11

A person’s courtyard can acquire an object for the owner. The Gemara on the previous dappim discuss how this acquisition is possible. There are two possibilities. Either the courtyard is an extension of the owner’s hand or acts as the owner’s agent. A persons courtyard doesn’t have acquisition superpowers  Daf TB Baba Metzia 11 limits the condition when a courtyard can acquire something for the owner. It can only acquire the object when the courtyard is guarded either by a fence or by the owner himself who is standing on the side watching the courtyard. If the owner can’t get to the object, the courtyard has no power to acquire it for him. The Mishnah gives two examples. “If the deer were running in its usual manner, or the young pigeons were flying, and he said: My field has effected acquisition of this animal for me, he has said nothing, as one’s courtyard cannot effect acquisition of an item that does not remain there on its own.” (Sefaria.org translation)

The mitzvah of the forgotten sheaves (sheshekha-שכחה) is brought as a proof. After the harvest sheaves are forgotten back at the field when the rest are taken to the silo or granary, the owner may not go back and pick them up. Since they are forgotten, they now belong to the poor as it is written: “When you reap your harvest in your field, and have forgotten a sheaf in the field, you shall not go back to fetch it; it shall be for the stranger, for the fatherless, and for the widow” (Deuteronomy 24:19).

Here’s the proof that a courtyard or field can acquire something for the owner only when it is guarded. “Rather, isn’t this what the tanna is saying: In a case where the owner is in the field, if the sheaf was forgotten at the outset, it is considered a forgotten sheaf; but if it was remembered at first and was ultimately forgotten, it does not assume the status of a forgotten sheaf? What is the reason for this distinction? The reason is that since he is standing in the field, beside the sheaf, his field is tantamount to his courtyard, and his courtyard effects acquisition of the sheaf for him once he remembers it.

“But in a case where the owner is in the town, even if the sheaf was remembered and ultimately forgotten, it is considered a forgotten sheaf and must be left for the poor. What is the reason for this? It is because the owner is not beside it, which is necessary for his courtyard to effect acquisition of the sheaf for him. Evidently, an item that is in a person’s courtyard is acquired by him only if he is standing next to the courtyard.” (Sefaria.org translation)

The mitzvah of forgotten sheaves is unique. The other mitzvot are observed by remembering to do them. The only way a person can observe the mitzvah of sheshekha-שכחה is by forgetting! This mitzvah was made for me. I forget so much sometimes my wife says I chose the wrong career. I should have been a college professor because I already have the absent-minded part down perfect.