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Bava Kama 94


(a) (Abaye): The following Tana'im all hold that change does not acquire: R. Shimon ben Yehudah, Beis Shamai, R. Eliezer ben Yakov, R. Shimon ben Elazar, and R. Yishmael.
1. R. Shimon ben Yehudah - as above;
2. Beis Shamai - (Beraisa #1): A man paid a harlot for her services with wheat, olives or grapes; she made them into flour, oil or wine - these may not be brought as a sacrifice (they are still considered wages of a harlot);
i. (Beraisa #2): They may be brought as a sacrifice.
ii. (Rav Yosef - Beraisa): Beis Shamai forbid this, Beis Hillel permit.
iii. Question: Why do Beis Shamai forbid?
iv. Answer: The verse (forbidding a harlot's wages and something traded for a dog as sacrifices) says "Also", to include what they are transformed into.
v. Beis Hillel explain, they are forbidden - not what they are transformed into.
vi. Beis Shamai explain, they are forbidden - not their offspring.
vii. Beis Hillel say, both are excluded.
viii.Question: What do Beis Hillel learn from "Also"?
ix. This is left difficult.
3. R. Eliezer ben Yakov - (Beraisa - R. Eliezer ben Yakov): Reuven stole wheat; he ground, kneaded and baked it and separated Chalah from it - his blessing only angers Hash-m;
i. "A thief who blesses, he blasphemes."
4. R. Shimon ben Elazar - (Beraisa - R. Shimon ben Elazar): The general rule is, whatever improvement a thief made on a stolen object, he has the upper hand: he may keep the improvement, or say behold, here is your object.
i. Question: What does this mean?
ii. Answer (Rav Sheshes): If he improved it, he receives the added value; if he decreased its value, he returns the object and says behold, here is your object, since he did not acquire it.
iii. Question: If so, when he improved it, why does he receive the added value?
iv. Answer: That is an enactment to facilitate repentance of thieves.
5. R. Yishmael - (Beraisa): Pei'ah should be designated and not harvested; if it was harvested, one separates (the amount which should have been left) from the sheaves (and gives it to the poor); if this was not done, he separates from the stack before Miru'ach (final processing);
i. If Miru'ach was already done, he separates the proper amount, takes Ma'aseros on it, and gives it to the poor.
ii. R. Yishmael says, even if he made a dough, he separates from the dough and give to the poor (he still did not acquire it).
(b) Objection #1 (Rav Papa): Do all these Tana'im hold as Beis Shamai?!
(c) Answer (Abaye): No, they say that Beis Hillel agree that change does not acquire.
(d) Objection #2 (Rava): We need not say that they hold that change does not acquire!
1. Perhaps R. Shimon ben Yehudah only says that dying does not acquire because it can be removed through soap!
2. Perhaps Beis Shamai only say that change does not acquire regarding a sacrifice, because it is despised (having once been a harlot's wages)!
3. Perhaps R. Eliezer ben Yakov only says that change does not acquire regarding blessing, because the Mitzvah came through a sin!
4. Perhaps R. Shimon ben Elazar only says that reversible change does not acquire!
5. Perhaps R. Yishmael only says that change does not acquire regarding Pei'ah because the verse says an extra "Leave" (for the poor).
i. Question: If R. Yishmael held in general that change does not acquire, why does the verse say an extra "Leave"? What do Chachamim learn from it?
ii. Answer (Beraisa): One who declares his vineyard Hefker and harvests it, he must leave Peret (loose grapes), Olelos (deficient clusters), Shichchah and Pei'ah for the poor, but he is exempt from Ma'aseros.
(a) (Rav Yehudah citing Shmuel): The law is as R. Shimon ben Elazar.
(b) Question: Did Shmuel really say that?!
1. (Shmuel): We do not make an evaluation (of an animal that died) for thieves nor for (open) robbers (because they acquire the carcass), only for damages.
2. This is not difficult for Rava - R. Shimon ben Elazar only said that reversible change does not acquire.
3. But Abaye says that R. Shimon ben Elazar holds that even irreversible change does not acquire!
(c) Answer: Abaye says that Shmuel reported that some rule as R. Shimon ben Elazar, but he himself does not.

(d) (R. Chiya bar Aba citing R. Yochanan): Mid'oraisa, one who changes a stolen object must return it - "He will return the stolen object that he stole" - even if it changed;
1. The Mishnah says that he acquires it - this is an enactment to facilitate repentance of thieves.
(e) Question: Did R. Yochanan really say that?!
1. (R. Yochanan): The law is as an anonymous Mishnah.
2. (Mishnah): If he dyed the shearings before giving them to a Kohen, he is exempt.
(f) Answer (R. Yakov): R. Yochanan establishes our Mishnah by stealing smooth wood, so making vessels is a reversible change. (This only acquires mid'Rabanan - but irreversible change acquires mid'Oraisa).
(a) (Beraisa): Thieves or people that collected usury that want to return what they took - we do not accept from them; Chachamim are unhappy with one who accepts from them.
(b) (R. Yochanan): This was taught in Rebbi's time.
1. (Beraisa): There was a case in which a thief wanted to repent. His wife dissuaded him, for then he would have to return even his belt!
2. It was then enacted not to accept from thieves or people that collected usury that want to return what they took.
(c) Question (Beraisa): A man died, leaving his orphans money he collected as usury - even though they know this, they need not return it.
1. Inference: They need not return it - but their father would have to return it!
(d) Answer: Really, even their father is exempt; the Beraisa spoke of them for parallel structure to the end of the Beraisa.
1. (End of the Beraisa): If their father left them a cow, garment or any specific item, they must return it because of the honor of their father.
(e) Question: Why should they have to return it for the honor of their father?!
1. "Do not curse a Nasi of your people" - one who acts as your people (but we are not concerned for honor of the wicked)!
(f) Answer: As Rav Pinchas answered (elsewhere) - the case is, the father repented.
1. Question: If he repented, he should have returned it!
2. Answer: He died before he was able to.
(g) Question (Beraisa): Thieves or people that lent on usury - even if they collected, they return it.
1. Question: The language 'collected' does not apply to thieves!
2. Correction: The Beraisa means, thieves, i.e. people that lent on usury, even if they collected, they return.
(h) Answer: They return, but (the borrowers) do not accept.
1. Question: If so, why does the Beraisa tell them to return it?
2. Answer: By offering, they fulfill their obligation at the hands of Heaven.
(i) Question (Beraisa): Shepherds (they graze their animals in others' fields), tax collectors (who take more than they should) - it is difficult for them to repent;
1. They must return to the people they know they stole from
(j) Answer #1: They return, but (the ones they stole from) do not accept.
1. Question: If so, why does the Beraisa tell them to return it?
2. Answer: By offering, they fulfill their obligation at the hands of Heaven.
3. Question #1: If so, why is it hard for them to repent?
4. Question #2 (end of Beraisa): To atone for those they do not know, they pay for public needs;
i. (Rav Chisda): They build pits to store water.
(k) Answer #2: This Beraisa was before the enactment.
(l) Answer #3: We can even say, the Beraisa is after the enactment - Rav Nachman taught, if they still have the stolen object, they must return it.
(m) Question: But the enactment was made because of a case in which a man didn't repent lest he must return his belt!
(n) Answer: It meant, the value of his belt (the belt itself was not stolen).
(o) Question: Is it really true that the enactment does not apply if the stolen object is still here?
1. (Mishnah): There was an enactment to help repenters that if one built a stolen beam into a building, that he only returns its value.
(p) Answer: That case is different - the loss of the building is so great, Chachamim consider it as if the beam is not here.
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