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.
To contact us with any comments, suggestions or requests, please click here
YUTorah ® Online is made possible by the generosity of Marcos and Adina Katz and is coordinated by Yeshiva University's Center for the Jewish Future . It offers more than 240,000 shiurim via webcast in audio, video and text formats by our Roshei Yeshiva and other YU luminaries. The opinions and views expressed are solely those of the author or lecturer and should not be attributed to Yeshiva University.
0 comments Leave a Comment