Bava Kamma 67b
בבא קמא ס״ז ע״ב
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Topic
Does יאוש make a thief the owner? Plus why the four- and five-times payment applies only to an ox and a sheep.
Overview
The amud opens by finishing a proof that יאוש (the owner giving up hope) does not make a thief the owner. A stolen animal, like a blemished one, can never be fixed for a קרבן. רבא brings another proof from the word קרבנו, 'his offering.' Since before יאוש this would be obvious, the verse must mean after יאוש, which shows that יאוש does not acquire. The גמרא settles a contradiction in רבא's words: either he changed his mind, or רב פפא said one of the statements. Next, the גמרא asks why the four- and five-times payment applies only to a שור or שה, and not to a חיה or עוף through a word-link to שבת. רבא answers that the פסוק names 'ox and sheep' twice. After testing several options, the גמרא finds that the 'שור' at the end and the 'שה' at the beginning are the extra words. Finally, רב rules that after יאוש a second thief pays double to the first thief. רב ששת rejects this and begins a proof from רבי עקיבא, which continues on the next amud.
Opening lines
אַף גָּזוּל דְּלֵית לֵיהּ תַּקַּנְתָּא;
so too a stolen animal has no fix;
לָא שְׁנָא לִפְנֵי יֵאוּשׁ,
no difference whether before despair,
וְלָא שְׁנָא אַחַר יֵאוּשׁ.
and no difference after despair.
רָבָא אָמַר מֵהָכָא:
Rava said: from here:
The steps (28)
- ProofA stolen animal has no fix, before or after יאוש
- Proofרבא brings a proof from the word 'his offering'
- QuestionWhen is the verse needed? Before יאוש it would be obvious
- ConclusionThe verse is about after יאוש, so יאוש does not acquire
- Challengeרבא seems to contradict himself
- ResolutionEither רבא changed his mind, or רב פפא said one of them
- StatementReturning to the משנה: the four-and-five payment
- ChallengeWhy not include wild animals and birds through a word-link to שבת?
- Resolutionרבא: the verse repeats 'ox and sheep' to limit the law
- QuestionWhich mention of 'ox and sheep' is the extra one?
- RejectionThe second 'ox and sheep' is not extra
- ChallengeThe Double 'For It' Could Prevent the Mistake
- Resolution'For It' Is Needed for the Quality of the Payment
- ResponseSuggesting the First 'Ox and Sheep' Is Extra
- ChallengeWorry That the Thief Must Steal Two Animals
- Resolution'Slaughtered It' Shows One Animal Is Enough
- ChallengeMaybe he must steal and sell both animals
- ResolutionThe word 'ומכרו' means one animal
- ChallengeMaybe he must slaughter one and sell the other
- ResolutionThe word 'או' means either action alone
- ChallengeMaybe he must steal both and leave one
- ResponseA new answer: the end 'שור' and the start 'שה' are extra
- ConclusionOnly an ox and a sheep get the four- and five-times payment
- StatementThe משנה: one who steals from a thief does not pay double
- Statementרב limits the rule to before the owner gives up hope
- Challengeרב ששת says רב gave this ruling while half-asleep
- Proofרבי עקיבא: four or five times because he sank deeper into sin
- QuestionWhen did the sale happen? First option: before יאוש