Bava Kamma 94 - February 4, 25 Shvat

Today’s daf is sponsored by Harriet Hartman in loving memory of Uri (Uriel) Ben-Ami who passed away last Thursday. "Yehi zichro m’vurach. A strong Zionist with a lifetime of stories to tell, he was the husband of my dear friend Henrietta Ben-Ami." Abaye brings halakhot of five different tanaim and claims that all agree that changing an item does not change the ownership over the item. Rava disagrees and explains why each case is unique and cannot be used to teach a general principle. A contradiction is brought between a ruling of Shmuel like one of those five tanaim (Rabbi Shimon ben Elazar who rules that if an item decreases in value, the thief can return the item at its present depreciated value) and a different statement of Shmuel's that the thief pays the value of the item at the time it was stolen. Two suggested resolutions are brought. Rabbi Yochanan holds that by Torah law one has to return the stolen item as is and only due to a rabbinic takana (takanat hashavim, to encourage thieves to repent), the can return the value of the item. The Gemara raises a difficulty on his opinion from the fact that Rabbi Yochanan always holds by an unattributed Mishna and in an unattributed Mishna in Chulin, if one colors the wool, one is no longer obligated to give it to the kohen as it is a changed item. To resolve this, they explain that when Rabbi Yochanan made his statement, it was a case where the change was reversible and the Mishna is Chulin is dealing with an irreversible change. Rabbi Yehuda haNasi instituted a takana that thieves and usurers who want to return from their bad ways should return the items they stole/collected but the ones they stole/collected from should not accept them. The reason for this ruling is to encourage repentance of thieves and usurers. The Gemara brings three sources that seem to contradict this halacha and resolves the contradictions.