Bava Kamma 118b

בבא קמא קי״ח ע״ב

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Topic

Returning a stolen lamb with or without the owner's knowledge, and which goods may be bought from shepherds and watchmen

Overview

The amud opens by finishing the discussion of a thief who returns a stolen lamb to the flock. רבא explains that רב חסדא requires the owner's knowledge because the lamb has learned to wander and needs closer watching. The גמרא then defends רבא and רב against contradictions from their own other statements: רבא's case is one where the owner never counted, and רב's lenient case is about a spotted lamb the owner recognizes right away. Next the גמרא tries to find these arguments among the תנאים, in the ברייתא of רבי ישמעאל and רבי עקיבא, and in two ברייתות about a robber who slipped the repayment into a business payment. Each match is pushed away, partly by using רבי יצחק's rule that a person checks his purse all the time. A new משנה then teaches what may and may not be bought from shepherds, watchmen and women, and that anything the seller asks you to hide is forbidden. A ברייתא adds details, and the גמרא explains its numbers (four, five, and the problem of three sheep) with one test: would the owner notice the loss? Finally a second ברייתא shows that רבי יהודה's split between home animals and wilderness animals is a leniency.

Opening lines

The steps (29)

1. QuestionWhy does רב חסדא require the owner's knowledge?
2. ResponseThe lamb has learned to wander
3. ChallengeDid רבא really say this? His case of the shouted-at thief
4. ChallengeEven if the owner counted the flock?
5. ResolutionNo, the owner did not count
6. ChallengeDid רב really say this? Returning to a flock in the wilderness
7. Resolutionרב agrees about a spotted lamb
8. QuestionMaybe this is an older dispute between תנאים
9. QuestionFirst try: it matches רב and שמואל
10. RejectionNo, it matches רב חסדא and רבי יוחנן
11. Statementרב זביד: the argument is about a שומר who stole
12. QuestionIs the counting question an old argument between תנאים?
13. QuestionAssuming everyone accepts רבי יצחק, the ברייתות seem to argue about counting
14. RejectionNo, they argue about whether רבי יצחק's rule is true
15. RejectionOr: everyone accepts רבי יצחק, and the ברייתות discuss different cases
16. RejectionA third answer: it depends on whether there was other money in the purse
17. StatementNew משנה: items one may not buy from shepherds and watchmen
18. StatementWhat may be bought from women, the hiding rule, and eggs and chickens
19. StatementA ברייתא adds detail about buying from shepherds
20. StatementFour or five sheep may be bought, but not two
21. Statementרבי יהודה's view and the general rule: would the owner notice?
22. ChallengeIf four is allowed, why mention five?
23. Resolutionרב חסדא: four out of a flock of five
24. ResolutionAnother version: four from a small flock, five from a large one
25. ChallengeThe ברייתא seems to contradict itself about three sheep
26. ResolutionHealthy sheep versus weak sheep
27. QuestionWhich part of the ברייתא is רבי יהודה reacting to?
28. QuestionSpelling out both sides of the question
29. ResponseFour or five may always be bought, so רבי יהודה is being lenient