POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf 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.
1) ACQUISITION THROUGH CHANGE
(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!
2) ACQUISITION THROUGH DESPAIR
(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
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;
(b) (Rav Yosef): A thief does not acquire through despair (of
the owner), even mid'Rabanan.
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.
(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'!
3) WHEN INTENT HELPS FOR TUM'AH
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
(e) Question (Abaye - Beraisa): "His sacrifice" - not a
1. Question: What is the case?
(f) Answer: Also, we can say, he stole a man's sacrifice!
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
4. Answer: Rather, you must say, he stole Shimon's
(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
(b) Answer #1 (Rav Yosef): The case is, he cut them (the
change helps him acquire them).
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
(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;
(d) Answer #2 (Rava): A change in the name of the object is
as a physical change.
i. Anything which needs further work, cannot
receive Tum'ah through intention, except for a
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
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.
(f) Answer (Rav Yosef): It is still called a beam, even after
it is built into the roof.
2. If not for the enactment, he does not acquire it!
1. (Beraisa): "Tzalos of the (future Mikdash)" - these
are the boards that hold the rafters in place; "The
Ubim" - these are the beams.