Bava Kamma 65a

בבא קמא ס״ה ע״א

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Topic

The two lessons of ״אם המצא תמצא״, and רב's rule on which date sets the value of a thief's payments: its source, its limits, and its fit with רבה.

Overview

The amud opens by finishing a challenge about the words ״אם המצא תמצא״. A ברייתא uses them to teach that כפל applies wherever the stolen item is found. The גמרא answers that the verse changes its wording (הִמָּצֵא, then תִּמָּצֵא), so it teaches two lessons. Next the גמרא returns to רב's rule. The קרן is valued as it was at the time of the theft, but כפל and ארבעה וחמשה are valued as they are at the time of the court case. רב learns this from the word ״חיים״: 'revive' the קרן at its theft-time value. רב ששת challenges רב from two ברייתות about a thief who fattened a lean animal or made a fat animal lean. The גמרא explains both as special cases, and limits רב's rule to rises and drops in market price. To keep רב from arguing with רבה, the גמרא says רב meant an item that dropped in value. The amud ends as רבי חנינא begins a ברייתא supporting רב, which continues on the next amud.

Opening lines

The steps (14)

1. ChallengeThe same verse is needed to teach where the stolen item is found
2. ResolutionThe verse changes its wording, so it teaches two lessons
3. Statementרב: which date sets the value of each payment
4. QuestionAsking for רב's source
5. ResponseThe word 'alive' tells us to value the קרן at the time of the theft
6. Challengeרב ששת says רב's rule goes against a ברייתא
7. ResolutionThe thief gets credit for the fattening he did
8. ChallengeA second ברייתא: the thief made a fat animal lean
9. ResolutionMaking the animal lean is like partly killing it
10. Conclusionרב's rule is only about price going up or down
11. QuestionWhat case was רב talking about?
12. ChallengeThat reading would make רב argue with רבה
13. Resolutionרב was talking about an item that went down in value
14. Proofרבי חנינא begins a ברייתא supporting רב