Bava Kamma 94b

בבא קמא צ״ד ע״ב

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Topic

Changed stolen items and תקנת השבים: when a robber may pay money instead, and the decree not to accept repayment from repentant robbers and lenders who took interest.

Overview

The amud opens by finishing an earlier discussion: some said the הלכה follows רבי שמעון בן אלעזר, though שמואל himself does not hold that way. Next, רבי יוחנן teaches that by Torah law a stolen item that has changed still goes back as is. Our משנה lets the robber pay money instead only because of תקנת השבים, a rabbinic rule that makes repentance easier. רבי יעקב explains that רבי יוחנן meant only a change that can be undone, so his view fits the משנה about dyed wool. The גמרא then teaches a further decree from the days of רבי: we do not accept repayment from robbers or lenders who took interest. That decree was made after a man gave up on תשובה when his wife told him even his belt was stolen. The גמרא defends this decree against several ברייתות that seem to require repayment. Its answers include children returning a recognizable item to honor a father who repented, offers made only 'to fulfill their duty to Heaven,' and sources dated to before the decree. At the end, רב נחמן's rule that the decree applies only when the stolen item is gone opens a new way to reconcile the sources, which continues on the next amud.

Opening lines

The steps (27)

1. ConclusionClosing note: the ruling follows רבי שמעון בן אלעזר, but שמואל himself disagrees
2. StatementBy Torah law, a changed stolen item is returned as is
3. ResolutionOur משנה lets the robber pay only because of תקנת השבים
4. ChallengeChallenge: רבי יוחנן also rules like an unattributed משנה that treats dyeing as a real change
5. Resolutionרבי יעקב: רבי יוחנן meant a change that can be undone
6. StatementDo not accept repayment from robbers or lenders who charged interest
7. StatementThe story behind the decree in the days of רבי
8. ChallengeChallenge: a father who took interest seems obligated to return it
9. ResolutionThe father is also exempt; the children are mentioned because of the next clause
10. ChallengeWhy should children honor a father who took interest?
11. ResolutionThe father did תשובה
12. ChallengeIf he repented, why didn't he give it back?
13. ResolutionHe died before he could return it
14. ChallengeA ברייתא says robbers and lenders return what they took
15. QuestionWhat does 'collected' mean for robbers?
16. ResponseThe 'robbers' are the interest lenders
17. ResolutionThey give it back, but it is not accepted
18. QuestionWhy offer it back if no one will take it?
19. ResponseTo fulfill their duty to Heaven
20. ChallengeA ברייתא says shepherds and tax collectors must return what they took
21. ResolutionThey offer it, but no one accepts it
22. QuestionAgain: why offer it back?
23. ResponseAgain: to fulfill their duty to Heaven
24. ChallengeThen why is their repentance hard?
25. ChallengeThe end of the ברייתא proves money is really paid
26. ResolutionBefore the decree versus after the decree
27. ResolutionUsing רב נחמן's rule, both sources can be from after the decree