Mistaken Despair
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Question
In a building, there is a person living on the ground floor who is aggressive and does not return items that fall into his yard. Recently, a ball fell after the neighbors, and they thought it fell into that neighbor's yard and despaired of it. A few weeks later, it turned out that it fell into another yard. Did the owner of the yard acquire it because the owner of the ball despaired of it?
Answer
Since at the time the ball fell, the finder was obligated to return it (also because it was a mistaken despair, see Ketubot 24), he did not acquire it through despair and must return it to the loser.
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