It comes out that there is a מח׳ בין רש״י לתוס׳ if the case of עני מהפך extends even to an item of הפקר
We explained how רש״י would explain the two gemaras that תוס׳ had brought as proofs
Besides proofs תוס׳ provides a סברה as to why it is that you are only considered a רשע when it is not an item of הפקר
How does רש״י learn ? what is the יסוד of עני מהפך?
Acc. to תוס׳ what would be if there were multiple items of הפקר?
Continue תוס׳ from ומיהו until ומכאן
Question - What is תוס׳ question on himself, when it comes to fishing aren't there plenty of fish in the sea ? you should be able to claim to the guy get a fish somewhere else?
Learn the גמ׳ ב״ב כא: עם רש״י
Learn the מהרש״א
Does תוס׳ first answer fit with the מסקנת הגמ׳ ?
Finish תוס׳
Learn the ר״ן
אָמַר רַב הוּנָא: הַאי בַּר מְבוֹאָה דְּאוֹקִי רִיחְיָא, וַאֲתָא בַּר מְבוֹאָה חַבְרֵיהּ וְקָמוֹקֵי גַּבֵּיהּ – דִּינָא הוּא דִּמְעַכֵּב עִילָּוֵיהּ. דְּאָמַר לֵיהּ: קָא פָּסְקַתְּ לֵיהּ לְחַיּוּתִי.
§ Rav Huna said: There was a certain resident of an alleyway who set up a mill in the alleyway and earned his living grinding grain for people. And subsequently another resident of the alleyway came and set up a mill next to his. The halakha is that the first one may prevent him from doing so if he wishes, as he can say to him: You are disrupting my livelihood by taking my customers.
לֵימָא מְסַיַּיע לֵיהּ: מַרְחִיקִים מְצוּדַת הַדָּג מִן הַדָּג – כִּמְלֹא רִיצַת הַדָּג. וְכַמָּה? אָמַר רַבָּה בַּר רַב הוּנָא: עַד פַּרְסָה. שָׁאנֵי דָּגִים, דְּיָהֲבִי סְיָיארָא.
The Gemara suggests: Let us say that a baraita supports his opinion: One must distance fish traps from fish, i.e., from other fish traps, as far as the fish travels, i.e., the distance from which the fish will travel. The Gemara asks: And how much is this distance? Rabba bar Rav Huna says: Up to a parasang [parsa]. This indicates that one must distance himself from the place where another has established his business. The Gemara responds that this is no proof: Perhaps fish are different, as they look around. One fish explores the area ahead of the others, indicating to them where to go. Once they encounter the first trap they will not approach the second.