Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:

Bava Kamma 

Halacha:

Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 95a  

Description

We continue the sugya in Bava Kamma 95a with a further חקירה (investigation) into the view of Rebby Meir, requiring that the thief must return not only the cow but the calf as well. Technically the Gazlan acquires ownership over the calf thru שינוי; however Rebby Meir insists on instituting a penalty and compelling the Gazlan to return the calf. Is the קנס limited to מזיד? Or does it apply to שוגג as well? To determine this issue we will have to study a sugya regarding שעבודים. What does the buyer do with the produce of the stolen field? We will force the buyer to return the שבח by virtue of a קנס even if the buyer was a שוגג.