Bava Kamma 104 - February 14, 5 Adar 1

Rava concludes that the Mishna relates to a different case than the Rabbi Tarfon/Rabbi Akiva debate in Yevamot 118b. Our Mishna is a case where the thief knows who he/she stole from. Therefore, whether or not one needs to return the item directly or one can let the person know that the stolen item is available to be picked up is dependent on the severity of the actions of the thief - whether or not the thief swore and admitted and needs repentance from that or not. Rabbi Tarfon and Rabbi Akiva's debate is not dependent on whether or not one swore as the issue there is because the thief does not know the identity of the one whom he/she stole from. If one appointed an agent in front of witnesses to receive a loan payment (for example), Rav Hisda and Rabba disagree about whether when the agent receives the payment, the borrower is no longer responsible if something happens to the money on the way or was the agent appointed to make it easier for the borrower to get the money back to the original owner but does not assume responsibility. Two difficulties are raised against Rav Chisda's opinion, that the agent assumes responsibility, one from a Mishna in Bava Metzia 98b and one from our Mishna. Both are resolved. Rabbi Yochanan and Rabbi Elazar held like Rav Chisda as well. Shmuel was hesitant to allow people to send money with agents appointed by the creditor as they do not assume responsibility even if they carry a stamp and a signature of the creditor. How were people able to collect loans back from debtors who lived far away? How can it be done securely? Two stories are brought highlighting a possible method. The nature of the payment of the one-fifth, chomesh, is discussed - is it to effect atonement for the thief or is it a financial payment? If it is a financial payment, and the thief dies, the children are liable to pay it. This contradicts a braita which rules that they do not. How can that contradiction be resolved?