Description
For Bava Kamma 65a we offer this Introduction to the sugya of תברייה ושתייה. We begin with the opinion of Rav who splits the payments of the thief into two categories: keren, and the rest (kefel & daled Va'heh). We will attempt offering a logical basis for Rav's position. Yet the sugya needs a source for Rav: is this meant to justify the Halacha of keren, or of the penalties (kafel, etc.)? We will spend the bulk of the shiur restricting the statement of Rav, establishing that it only applies to market price fluctuations. We will try to reconcile Rav with the position of Rabba that if the thief breaks the stolen object he must pay the appreciated value of 4 zuz as it is worth at the time of the destruction of the object. Even for keren.
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