Masechet Bava Kamma 114b: how to explain that both the thief (Ganav) & the Gazlan acquire with Ye'ush

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Date:
June 27 2017
Length:
46min 8s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Bava Kamma 
Halacha:
Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 114b  

Description

In the sugya in Masechet Bava Kamma 114b Rebby Shimon assumes that there is Ye'ush only in the case of a Gazlan; the Rabanan assume there is Ye'ush only in the case of the Ganav. How then are we to explain that according to our MIshna as well as the Beraita, both the thief & the Gazlan acquire with Ye'ush? Could this be the view of Rebby who equates the thief with the Gazlan of R' Shimon and postulates Ye'ush in bot Ganav and Gazlan?

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Larry Adler & Joan Presby in honor of Rabbi Yitzchak Etshalom's YUTorah shiurim and by Benjy Owen in memory of Sam Owen, Shemuel Reuven ben Yehudit Rachel and by Fran & Jerry Weinberg l'ilui nishmot Yaakov Yosef ben Moshe Ahron and Sheindel Perel bat Moshe