Kesubos 31b

כתובות ל״א ע״ב

Ketubot 31b

Learn Kesubos 31b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Kesubos 31b in Gemara Clarity

Topic

A thief who carries a stolen purse out on שבת: when is he exempt from paying because the theft and the שבת violation happen at the same moment (קם ליה בדרבה מיניה)?

Overview

The ברייתא teaches that a thief who carries a stolen purse out of a house on שבת must pay for it, but if he dragged it out, he is exempt, because the theft and the שבת violation happen at the same moment. The גמרא explains that the ברייתא follows בן עזאי, who holds that walking counts like standing, and that the dragging case was chosen to teach that dragging a medium-sized purse is a real way of carrying out. Then the גמרא asks where he dragged it to: the public domain gives a שבת violation but no theft, and his own private domain gives theft but no שבת violation. In רב אחא's version, the answer is the sides of the public domain. According to רבי אליעזר, that area counts as public for שבת but still allows acquiring. רב אשי gives another answer: he caught the purse in his hand below three טפחים. רבינא teaches a different version, in which a thief acquires even in the public domain. The two read a משנה in בבא קמא about a stolen animal in opposite ways, and each one explains the clause that seemed to go against him. Finally, the גמרא returns to our משנה's list of forbidden relatives who receive a קנס, and contrasts it with a משנה in מכות that gives these same men מלקות. The discussion of that contradiction continues on the next amud.

Opening lines

The steps (21)

1. ChallengeWhy not teach the contrast within the carrying case itself?
2. ResolutionThe ברייתא follows בן עזאי: walking counts as standing
3. ChallengeThen why not contrast walking with throwing?
4. ResolutionDragging was needed to teach that it counts as carrying out
5. QuestionWhat size purse are we talking about?
6. ResponseA medium-sized purse
7. ChallengeWhere could both sins happen at once?
8. ResolutionHe dragged it to the edges of the public street
9. ChallengeWhose opinion fits the edges of the street?
10. ResolutionThe edges are public for שבת but still allow acquiring
11. Resolutionרב אשי: he caught it in his hand near the ground
12. StatementThis is how רב אחא taught it
13. Resolutionרבינא's version: the public domain also acquires
14. StatementBoth readings come from one משנה about a stolen animal
15. Proofרבינא reads the first clause
16. Proofרב אחא reads the last clause
17. ChallengeEach reading has trouble with the other clause
18. Resolutionרב אחא explains the first clause
19. Resolutionרבינא explains the last clause
20. StatementBack to our משנה: one who is with his sister
21. ChallengeA משנה in מכות says these men get lashes