Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:

Bava Kamma 

Halacha:

Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 97a  

Description

We will study Masechet Bava Kamma 97a and address the case of one who seized the boat of his friend without permission, and the issue is: Can the owner of the boat charge the one who used his boat as a renter or as a robber? The difference will be that in the case of a גזלן there is an additional payment based on the obligation of the thief to pay כשעת הגזילה, i.e to pay the owner the value of the stolen object as it was at the time of the theft. In our sugya this is called פחת, e.g. the deterioration of the physical condition of the boat and the resultant devaluation on the market. How do we classify the תוקף? As a renter to pay rental fees, or as a thief to pay for deterioration? Do we give the owner the choice? Or the תוקף himself?