Bava Kamma 95b

בבא קמא צ״ה ע״ב

Learn Bava Kamma 95b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

רבי מאיר's קנס for מזיד vs. שוגג, and who gets the שבח (improvement) on a stolen item and how it is paid.

Overview

The amud opens by asking whether רבי מאיר's קנס applies only to someone who acts on purpose (מזיד) or also to someone who acts by mistake (שוגג). A proof from a stolen field is pushed off, because the buyer there may have been a תלמיד חכם who knew the land was stolen. The משנה about a dyer who used the wrong color then proves that רבי מאיר penalizes only a מזיד. Next the גמרא asks what the difference is between רבי יהודה and רבי שמעון about a stolen item that gained value. רב זביד says they argue whether that improvement belongs to the owner or to the גזלן. רב פפא says both give it to the גזלן, and they argue only whether he gets all of it or just a worker's share. A משנה about a pregnant cow seems to challenge רב פפא, but he answers it, and a ברייתא supports him. רב אשי then reports a question: is the גזלן's share paid in money or in meat? It is answered from שמואל's rule that improvement is paid in money. That rule leads רבינא to challenge שמואל's statements about a בעל חוב, and רב אשי's final answer continues on the next amud.

Opening lines

The steps (20)

1. ProofHow the buyer of a stolen field gets his money back
2. ProofTrying to prove that even a mistaken buyer is penalized
3. RejectionNo proof: the buyer was a scholar who knew
4. ProofA new source: the dyer who used the wrong color
5. ProofWhy the dyer case shows no penalty for a mistake
6. ConclusionConclusion: the penalty is only for acting on purpose
7. QuestionWhat is the difference between רבי יהודה and רבי שמעון?
8. Responseרב זביד: They argue about who owns the improvement still on the item
9. Responseרב פפא: They argue about whether the robber gets all of it or only a worker's share
10. ProofBringing the משנה about a stolen cow and ewe
11. ProofReading the משנה: if the cow did not yet give birth, it is returned as is
12. ChallengeThe משנה fits רב זביד but seems to fit no one for רב פפא
13. Resolutionרב פפא: 'gave birth' was only written to match the first case
14. ProofA ברייתא supports רב פפא
15. Questionרב אשי: does the robber get his share in money or in meat?
16. ResponseThe question is answered from שמואל's three cases
17. Challengeרבינא: Doesn't שמואל say the creditor collects the improvement?
18. ResolutionRipe improvement versus unripe improvement
19. ChallengeBut in practice שמואל collected even ripe improvement
20. Resolutionרב אשי begins a new answer