Bava Kamma 104a

בבא קמא ק״ד ע״א

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Topic

Why a robber who swore must personally return the money (רבא), and whether an agent appointed in front of witnesses counts as the owner's agent

Overview

The amud opens by finishing a challenge: if the robber admitted on his own, why does the משנה say only a robber who swore must bring the money to the owner? רבא answers that when the robber knows whom he robbed and admitted it, the owner is treated as saying 'keep it for me,' so the money becomes a פקדון. A robber who swore falsely still needs כפרה, and he gets it only when the money reaches the owner's hand. Next the גמרא turns to the משנה's rule that the robber may not pay the victim's son or agent. רב חסדא says an agent appointed in front of עדים is a real agent, and רבה says he is not. Two משניות are brought against רב חסדא, and he answers that 'his agent' there means a hired worker who was never appointed with עדים. The גמרא explains that the משנה names a court agent because that rule has no exceptions, and notes that this disagrees with רבי שמעון בן אלעזר. רבי יוחנן and רבי אלעזר also hold that a witnessed agent counts, and they explain our משנה in two ways. The amud ends as רב יהודה begins a new teaching in the name of שמואל.

Opening lines

The steps (18)

1. ChallengeClosing words of the challenge: he already admitted on his own
2. Resolutionרבא: the owner is treated as if he said 'keep it for me'
3. ResolutionWhy the oath makes the difference
4. StatementThe משנה's 'not to his son or agent' and the dispute about an agent appointed in front of witnesses
5. Statementרב חסדא's reason: the witnesses were there to give the agent authority
6. Statementרבה's reason: the witnesses only show the agent can be trusted
7. ChallengeQuoting the borrowed-cow משנה
8. ChallengeThe borrower's agent must have had witnesses, so this contradicts רב חסדא
9. ResolutionThe משנה means a hired worker
10. ChallengeOur own משנה seems to contradict רב חסדא
11. ResolutionAgain, a hired worker
12. ChallengeWhy didn't the משנה mention an agent appointed with witnesses?
13. ResolutionThe משנה chose the rule that has no exceptions
14. StatementOur משנה disagrees with רבי שמעון בן אלעזר
15. Statementרבי יוחנן and רבי אלעזר: a witnessed agent counts
16. ResolutionThe משנה is about a victim who only casually supplied a messenger
17. ResolutionA second answer, like רב חסדא: the victim's hired worker
18. StatementOpening a new statement from רב יהודה in the name of שמואל