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Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Kama 66

BAVA KAMA 66 - This Daf has been sponsored in memory of the thousands of innocent lives that were lost in horrifying acts of terror. Sponsored by Rabbi N. Slifkin, author of "Nature's Song" (on Perek Shirah) and other works.


(a) Beis Shamai and Beis Hillel only argue whether one acquires through a change - but all agree, double payment, 4 and 5 are as the time of the theft!
(b) Question: But Rav said that principle is paid as the time of the theft, 4 and 5 are as the time of the trial!
(c) Answer: (Rava): The Beraisa teaches that he pays lambs, as the time of the theft - but he pays according to the market value at the time of the trial.
(d) (Rabah): A verse and Mishnayos teach that one acquires through a change.
1. A verse - "He will return the stolen object that he stole" - these words are redundant, to teach that he only returns it if it is as he stole; if not, he just owes their value.
2. (Mishnah): A thief stole wood or wool and made it into vessels - he pays as their value when he stole them.
3. (Mishnah): A Yisrael dyed his first shearings before giving them to a Kohen - he is exempt (from giving them to a Kohen).
i. These show, one acquires through a change.
(a) (Rabah): If the owner despairs, the thief acquires - we do not know if this is mid'Oraisa or mid'Rabanan.
1. Perhaps it is as a found object - if the owner despaired before it was found, the finder acquires it mid'Oraisa, and also by a thief;
2. Or - a lost object is different, for the finder had permission to pick it up;
i. A thief only acquires mid'Rabanan, an enactment to help people repent.
(b) (Rav Yosef): A thief does not acquire through despair (of the owner), even mid'Rabanan.
(c) Question (Rav Yosef - Mishnah): A thief stole Chametz, and it became forbidden on Pesach - he can return it after Pesach and say 'Here is your Chametz'!

1. Surely, when Pesach came, the owner despaired - if the thief acquired it, he cannot return it, he must return the value of what he stole!
(d) Answer (Rabah): I only said that a thief acquires through despair when he wants to acquire - here, he does not want to acquire.
(e) Question (Abaye - Beraisa): "His sacrifice" - not a stolen one.
1. Question: What is the case?
i. Suggestion: If the owner did not despair yet - this is obvious!
2. Answer: Rather, the owner despaired - we see, the thief did not acquire it!
3. Counter-question (Rabah - Beraisa): "(A Zav's) mattress" - not a stolen one - what is the case?
i. Suggestion: If Reuven stole wool and made a mattress - all agree, he acquires through change!
4. Answer: Rather, you must say, he stole Shimon's mattress.
(f) Answer: Also, we can say, he stole a man's sacrifice!
(a) Question (Abaye - Mishnah): Hides of a regular person - through intention, they can receive Tum'ah;
1. A tanner's hides cannot receive Tum'ah through intention;
2. Hides of a (covert) thief can receive Tum'ah through intention, of an open robber cannot.
3. R. Shimon says, hides of a thief cannot receive Tum'ah through intention, of an open robber can, because the owner despaired.
4. This shows, one acquires through despair of the owner!
(b) Answer #1 (Rav Yosef): The case is, he cut them (the change helps him acquire them).
(c) Question (Rav Chanan): But the Mishnah speaks of a table-cover, which does not need to be cut!
1. (Mishnah): Anything which needs no further work, can receive Tum'ah through intention;
i. Anything which needs further work, cannot receive Tum'ah through intention, except for a table-cover.
(d) Answer #2 (Rava): A change in the name of the object is as a physical change.
1. One acquires through physical change, e.g. he stole wood, and now it is vessels - similarly, it was called hide, and now it is called a table-cover.
(e) Question: By a beam, a change in name (to 'roof') does not acquire!
1. (Mishnah): One who built a stolen beam into his house can return its value to the owner - this is an enactment to help thieves repent.
2. If not for the enactment, he does not acquire it!
(f) Answer (Rav Yosef): It is still called a beam, even after it is built into the roof.
1. (Beraisa): "Tzalos of the (future Mikdash)" - these are the boards that hold the rafters in place; "The Ubim" - these are the beams.
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