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Week 96 - Sunday - 23 September 2001

BAVA KAMMA: CHAPTER 9: MISHNAH 2

If one stole an animal and it became old, bondmen and they became old - he pays as at the time of the robbery. Rabbi Meir says, With respect to bondmen, he says to him, "Behold, what is yours is before you!" If a person stole a coin and it became cracked, produce and it rotted, wine and it soured - he pays as at the time of the robbery. A coin and it was no longer valid, terumah and it became defiled, leavened food and Passover passed, an animal and it was used for a transgression, or which became invalid for the altar, or which was sentenced to be stoned - he says to him, "Behold, what is yours is before you!"

Kehati

After having learned in the previous mishnah that the robber pays its value at the time of the robbery, and that the appreciation in value of the stolen object belongs to the thief, our mishnah teaches that even if there is loss in value, the thief pays its value as at the time of the theft.

If one stole an animal and it became old - in the possession thief, or he stole - bondmen and they became old - in his possession, and their value depreciated, he pays - their value - as at the time of the theft – Since he acquired them as a result of the change.

Rabbi Meir says, With respect to - the case of one who stole - bondmen - who became old, he - the thief - says to him - the person from whom they were stolen, "Behold, what is yours is before you!" - he returns them as they are, since bondmen have the same legal status as land, which always remains in the possession of its owner, hence, if the bondmen became old, they became old in the possession of their owner.

If a person stole a coin and it became cracked - while in his possession, and it cannot be spent, even with difficulty, and this is a recognizable change, or if a person stole - produce and all of it (Gemara) - rotted, or if a person stole - wine and it soured - turned to vinegar - he pays as at the time of the robbery - since the stolen object underwent a discernable change in itself, the thief acquired it, and is obligated to pay its value as at the time of the robbery,

But if a person stole - a coin and it was no longer valid - as currency in this country, but it is current in another country, or if a person stole - terumah and it became defiled - it came into contact with an unclean object while in his possession and therefore must be burned, or if a person stole - leavened food and Passover passed - now it is forbidden to derive any benefit from it, or if he stole - an animal and it was used for a transgression - e.g., was used for an act of sodomy or was used for an act of idolatry, and is therefore unfit to be used as a sacrifice, or which became invalid for the altar - i.e., as a sacrifice, due to the appearance of a blemish which is not noticeable, or which was sentenced to be stoned - e.g., for having killed a man; in all these cases, - he - the thief - says to him - the person whose object was stolen, "Behold, what is yours is before you" - and he restores the stolen object as it is, since its form was not changed by the damage, and this is a change which is unrecognizable. The same law applies if a person stole produce and part of it rotted; since this is normal for produce, it is regarded as damage, which is not recognizable. If, however, a person steals a coin, and it is decreed entirely non-current by the government, this is a recognizable damage, since the imprint of this coin is not current in any of the provinces of the realm, and another imprint has been minted in its place; he therefore pays as at the time of the robbery.

BAVA KAMMA: CHAPTER 9: MISHNAH 3

If one gave craftsmen to repair, and they spoiled - they are obligated to pay. If one gave a carpenter a chest, a box, or a cabinet to repair, and he spoiled - he is obligated to pay. And the builder who undertook to dismantle a wall, and he broke the stones or caused damage - is obligated to pay. If he was demolishing it on one side and it fell from the other side, he is exempt; but if because of the blow - he is obligated.

Kehati

Incidental to the laws taught in the preceding mishnayot, our mishnah deals with craftsmen who accepted objects in order to repair them, but spoiled them.

If a person gave craftsmen - a utensil to repair, and they spoiled - the utensil, they are obligated to pay - the value of the utensil. If a person gave a carpenter a - wooden - chest or cart, a box, or a cabinet to repair - e.g., to reinforce with nails, and he spoiled - e.g., he broke them, he is obligated to pay - The Gemara explains that our mishnah teaches that whether he gave the craftsman a utensil to mend and he spoiled it or whether he gave him wood to make a utensil, and after he made the utensil he spoiled it, e.g., he broke it, the craftsman is always obligated to pay the value of the utensil, and not just the value of the wood, since the craftsman does not acquire through the appreciation of the utensil, rather anything which has appreciated is in the possession of the owner. Accordingly, since he broke it, he is obligated to pay to the owner as at the time of the breaking. According to the Gemara, the last part of the mishnah, which deals with a person giving a utensil to be repaired, teaches that the first part of the mishnah refers even to a person who gives wood in order to make a utensil.

And the builder who undertook to dismantle a wall, and he broke the stones or caused - other - damage - while dismantling the wall; another version reads, or caused damage to them," i.e., the stones, is obligated to pay - since he obviously undertook not to break the stones and to be careful not to cause damage.

If he was demolishing it on one side and it fell from the other side, he is exempt - from paying, for this is a circumstance beyond his control; but if - the stones fell from the other side - because of the - strong - blow - with which he struck the wall - he is obligated - to pay, since he had to consider that such a blow was likely to cause stones to fall from the other side, and this is as one who casts an arrow and injures someone with it (Rambam).

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