Bava Kamma 10

Chapter 10

א הַגּוֹזֵל וּמַאֲכִיל אֶת בָּנָיו, וְהִנִּיחַ לִפְנֵיהֶם, פְּטוּרִין מִלְּשַׁלֵּם. וְאִם הָיָה דָבָר שֶׁיֶּשׁ בּוֹ אַחֲרָיוּת, חַיָּבִין לְשַׁלֵּם. אֵין פּוֹרְטִין לֹא מִתֵּבַת הַמּוֹכְסִין, וְלֹא מִכִּיס שֶׁל גַּבָּאִין, וְאֵין נוֹטְלִין מֵהֶם צְדָקָה. אֲבָל נוֹטֵל הוּא מִתּוֹךְ בֵּיתוֹ אוֹ מִן הַשּׁוּק:

1 If one steals and feeds his sons (therefrom) or places it before them, they are not liable to pay [if they ate it after their father's death. If it no longer exists, they need not pay. For they did not steal it, and metaltelin (movable property) is not bound (for payment) to the creditor. But if they did not eat it, and it exists, they must return it.] And if it were something that is bound, they are liable to pay. [That is, if their father left them bound property, i.e., land, they are liable to pay, even if they already ate it. The Mishnah is thus construed in the Gemara. As to the halachah: If one steals and feeds his sons, whether they ate before yeush (the owner's "despairing" of recovery) or after yeush, they are liable to pay from the money left them by their father, both from bound or unbound property. For in our time metaltelin is bound to the creditor. And if the thief left nothing, if his sons ate the theft before yeush, they must pay of what is theirs, and if after yeush, they need not pay of what is theirs unless their father left them property.] Change is not made [selaim for p'rutoth] neither from the tax collection box nor from the purse of the collectors [of the king, who collect head-taxes and crop-tax, it being "theft." This, with a gentile tax collector or with a Jewish collector who has no stipulated amount but takes as much as he wants. But with a Jewish collector, even one appointed by a gentile king, if he takes a stipulated amount by royal ordinance, he does not have the status of a thief and change may be made from his box. What is more, it is forbidden to evade his taxes, for "the law of the kingdom is the law."], and charity is not taken from them, but it is taken from his house [i.e., from the house of a tax collector whose status is that of a thief] or from the marketplace [if he has money in his house or in the marketplace which is not in the tax collection box. And if one owes a half-dinar of p'rutoth to the tax collector and he has no p'rutoth, he gives him a silver dinar and receives from him p'rutoth for half its worth, even though he gives it to him from the tax collection box; for it is as if he rescues it from his hand.]

ב נָטְלוּ מוֹכְסִין אֶת חֲמוֹרוֹ וְנָתְנוּ לוֹ חֲמוֹר אַחֵר, גָּזְלוּ לִסְטִים אֶת כְּסוּתוֹ וְנָתְנוּ לוֹ כְסוּת אַחֶרֶת, הֲרֵי אֵלּוּ שֶׁלּוֹ, מִפְּנֵי שֶׁהַבְּעָלִים מִתְיָאֲשִׁין מֵהֶן. הַמַּצִּיל מִן הַנָּהָר אוֹ מִן הַגַּיִס אוֹ מִן הַלִּסְטִים, אִם נִתְיָאֲשׁוּ הַבְּעָלִים, הֲרֵי אֵלּוּ שֶׁלּוֹ. וְכֵן נָחִיל שֶׁל דְּבוֹרִים, אִם נִתְיָאֲשׁוּ הַבְּעָלִים, הֲרֵי אֵלּוּ שֶׁלּוֹ. אָמַר רַבִּי יוֹחָנָן בֶּן בְּרוֹקָה, נֶאֱמֶנֶת אִשָּׁה אוֹ קָטָן לוֹמַר, מִכָּאן יָצָא נָחִיל זֶה. וּמְהַלֵּךְ בְּתוֹךְ שְׂדֵה חֲבֵרוֹ לְהַצִּיל אֶת נְחִילוֹ. וְאִם הִזִּיק, מְשַׁלֵּם מַה שֶּׁהִזִּיק. אֲבָל לֹא יָקֹץ אֶת סוֹכוֹ עַל מְנָת לִתֵּן אֶת הַדָּמִים. רַבִּי יִשְׁמָעֵאל בְּנוֹ שֶׁל רַבִּי יוֹחָנָן בֶּן בְּרוֹקָה אוֹמֵר, אַף קוֹצֵץ וְנוֹתֵן אֶת הַדָּמִים:

2 If tax collectors took his ass and gave him a different ass; if thieves stole his garment and gave him a different garment, they are his, the owners "despairing" of them. [In all probability the owners "despaired" of them immediately, so that he acquired them with yeush and change of domain.] If one rescued something from a river or from a troop or from robbers, if the owners despaired, they are his. [This, if it is known that they had despaired, saying: "Woe for what I have lost!" But otherwise, they are not his. As to "if thieves stole his garment, etc.", above, which implies that yeush is assumed, this is so in the instance of Jewish robbers. For since Jewish judges say: "Bring witnesses; bring proof," as soon as the robbers take it, he despairs. The other instance, however, is one of gentile robbers, gentile judges judging with "pride, might, and conjecture," without witnesses and proof, so that the one who is robbed does not despair. Accordingly, if we know that the owners have despaired, it is his; if not, not.] Likewise, a swarm of bees [with their king] — if the owners despaired, they are his. R. Yochanan b. B'roka said: A woman or a minor is believed to say: "This swarm came from here," and one may enter his neighbor's field to rescue his swarm; but if he damages [something in doing so], he pays for the damage. But he may not cut off his branch. [If the bees settled on his neighbor's branch, and he fears that if he takes them off one by one, the others will escape, he may not cut off the entire branch, even] with the intention of paying him. R. Yishmael, the son of R. Yochanan b. B'roka, says: He may also cut (the branch) and pay for it. [The halachah is not in accordance with R. Yishmael.]

ג הַמַּכִּיר כֵּלָיו וּסְפָרָיו בְּיַד אַחֵר, וְיָצָא לוֹ שֵׁם גְּנֵבָה בָּעִיר, יִשָּׁבַע לוֹ לוֹקֵחַ כַּמָּה נָתַן, וְיִטֹּל. וְאִם לָאו, לֹא כֹּל הֵימֶנּוּ, שֶׁאֲנִי אוֹמֵר מְכָרָן לְאַחֵר וּלְקָחָן זֶה הֵימֶנּוּ:

3 If one recognizes his vessels or books in the hand of another and it was bruited about in the city that they had been stolen, [(Our Mishnah speaks of a man who is not wont to sell his vessels, so that since it was bruited about in the city that they had been stolen and there are witnesses that these vessels and books are his, we do not fear that he might have sold them)], the buyer swears how much he had paid for them and takes (that sum from the owner) [and returns his vessels to him. This, before yeush.] And if not, not all depends upon him (the owner). For I say: He sold them to another and this one bought them from him.

ד זֶה בָּא בְחָבִיתוֹ שֶׁל יַיִן וְזֶה בָּא בְכַדּוֹ שֶׁל דְּבַשׁ. נִסְדְּקָה חָבִית שֶׁל דְּבַשׁ, וְשָׁפַךְ זֶה אֶת יֵינוֹ וְהִצִּיל אֶת הַדְּבַשׁ לְתוֹכוֹ, אֵין לוֹ אֶלָּא שְׂכָרוֹ. וְאִם אָמַר, אַצִּיל אֶת שֶׁלְּךָ וְאַתָּה נוֹתֵן לִי דְּמֵי שֶׁלִּי, חַיָּב לִתֵּן לוֹ. שָׁטַף נָהָר חֲמוֹרוֹ וַחֲמוֹר חֲבֵרוֹ, שֶׁלּוֹ יָפֶה מָנֶה וְשֶׁל חֲבֵרוֹ מָאתַיִם, הִנִּיחַ זֶה אֶת שֶׁלּוֹ וְהִצִּיל אֶת שֶׁל חֲבֵרוֹ, אֵין לוֹ אֶלָּא שְׂכָרוֹ. וְאִם אָמַר לוֹ, אֲנִי אַצִּיל אֶת שֶׁלְּךָ וְאַתָּה נוֹתֵן לִי אֶת שֶׁלִּי, חַיָּב לִתֵּן לוֹ:

4 If one came with his jug of wine and another with his pitcher of honey — If the pitcher of honey split and the first spilled out his wine and rescued the honey into it (his pitcher), he has only his pay [for his vessel and for his work]. And if he said: "I shall rescue yours and you pay for mine," he must pay him. If a river swept away his ass and that of his neighbor, his (ass) worth a hundred and his neighbor's two hundred — If he left his and rescued his neighbor's, he has only his pay. And if he said to him: "I shall rescue yours and you pay for mine," he must pay him. [Both cases of the Mishnah must be taught. For if only the first were taught, I would say that it is only there that if he stipulates it he receives full pay, for he loses (what is his) by his own act, spilling out his wine with his own hands for the sake of the other; but in the second instance, where (his loss comes) of itself, I might say that he has only his pay. And if only the second were taught, (I would say) that it is only here where if he says nothing he receives only his pay, (his loss) coming of itself; but in the first instance, where it comes through his own hands, I might say that even if he says nothing he receives the full amount. Both, therefore, are necessary.]

ה הַגּוֹזֵל שָׂדֶה מֵחֲבֵרוֹ וּנְטָלוּהוּ מְסִיקִין, אִם מַכַּת מְדִינָה הִיא, אוֹמֵר לוֹ הֲרֵי שֶׁלְּךָ לְפָנֶיךָ, וְאִם מֵחֲמַת הַגַּזְלָן, חַיָּב לְהַעֲמִיד לוֹ שָׂדֶה אַחֶרֶת. שְׁטָפָהּ נָהָר, אוֹמֵר לוֹ, הֲרֵי שֶׁלְּךָ לְפָנֶיךָ:

5 If one robs a field from his neighbor and mesikin take it [i.e., if plunderers seize it from the robber. The Targum of "tzlatzal" (crickets), (Deuteronomy 28:42), is "saka'a," the locust being a thief, eating in the fields of others.] — If it (the plundering) is an "endemic plague," [the fields of others having been seized along with this], he (the robber) says to him: "Here is yours before you"; and if it (was seized) because of the robber, he must provide him with another field. If it was inundated by a river, he says to him: "Here is yours before you."

ו הַגּוֹזֵל אֶת חֲבֵרוֹ, אוֹ שֶׁלָּוָה הֵימֶנּוּ, אוֹ שֶׁהִפְקִיד לוֹ. בַּיִּשּׁוּב, לֹא יַחֲזִיר לוֹ בַמִּדְבָּר. עַל מְנָת לָצֵאת בַּמִּדְבָּר, יַחֲזִיר לוֹ בַמִּדְבָּר:

6 If one steals from his neighbor, or takes a loan or a pledge from him in the settlement, he may not return it to him in the desert. On condition that he go to the desert, he may return it to him in the desert. [Not that he says to him explicitly: "On condition that you go to the desert and pay me," for that goes without saying. Rather, (the meaning is that) his neighbor says to him: "Let this be with you as a pledge, for I am going to the desert"; and the other says to him: "I also have to go to the desert." In such an instance, if he wishes to return it to him in the desert, he may do so.]

ז הָאוֹמֵר לַחֲבֵרוֹ, גְּזַלְתִּיךָ, הִלְוִיתַנִי, הִפְקַדְתָּ אֶצְלִי, וְאֵינִי יוֹדֵעַ אִם הֶחֱזַרְתִּי לְךָ אִם לֹא הֶחֱזַרְתִּי לְךָ, חַיָּב לְשַׁלֵּם. אֲבָל אִם אָמַר לוֹ, אֵינִי יוֹדֵעַ אִם גְּזַלְתִּיךָ, אִם הִלְוִיתַנִי, אִם הִפְקַדְתָּ אֶצְלִי, פָּטוּר מִלְּשַׁלֵּם:

7 If one says to his neighbor: I stole from you; you lent me; you deposited a pledge with me, and I do not know if I returned it to you or not, he must pay. [This, if his neighbor claims that he definitely stole from him, and he says: True, I stole from you, but I do not know whether or not I returned it. In that instance, he must pay. But if his neighbor claims that he might have stolen from him or borrowed from him, and he says: True, I stole from you, or borrowed from you, and I do not know whether or not I returned it, he is not liable by the laws of man; and if he wishes to satisfy (the laws of) Heaven, he pays him.] But if he said to him: I do not know if I stole from you; if you lent me; if you deposited a pledge with me, he is not liable to pay. [However, he swears that he does not know whether he owes him, for uncertainty (that of the claimee) is not greater than certainty (that of the claimant). For even if he had said: "I owe you nothing," he must swear a sh'vuath heseth (a consuetudinal oath)].

ח הַגּוֹנֵב טָלֶה מִן הָעֵדֶר וְהֶחֱזִירוֹ, וּמֵת אוֹ נִגְנַב, חַיָּב בְּאַחֲרָיוּתוֹ. לֹא יָדְעוּ בְעָלִים לֹא בִגְנֵבָתוֹ וְלֹא בַחֲזִירָתוֹ, וּמָנוּ אֶת הַצֹּאן וּשְׁלֵמָה הִיא, פָּטוּר:

8 If one steals a lamb from the flock and he returns it, and it dies or it is stolen, he must make restoration. [For from the time he steals it, it is in his domain. And his returning it (to the flock) is not considered restoration.] If the owners knew neither of its being stolen nor of its being returned, and they counted the sheep, and it (the count) was whole, he is not liable. [Our Mishnah is to be understood thus: He must make restoration whether or not they counted it (the flock). When is this so? When the owners knew neither of its being stolen nor of its being returned. But if the owners knew of its being stolen, and they counted the sheep, and it (the count) was whole, he is not liable to pay. The explanation: If the lamb died or were stolen after the thief returned it, he must make restoration, whether the owners counted the flock and found it whole or they did not count the flock. When is this so? When the owners did not know that the lamb had been stolen. For every lamb which is wont to wander (from the flock) must be guarded with special care. And this lamb, since the owners did not know that it had been stolen and that it was wont to wander, and they did not take special care, the thief must pay, for he led to the sheep's going lost. But if the owners knew that the lamb had been stolen, and then they counted the flock and found it whole, the stolen lamb having been returned, they already knew that there was a particular sheep which was wont to wander, and they should have taken special care in guarding. And if they did not, it is they who lose, and the thief is not liable to pay.]

ט אֵין לוֹקְחִים מִן הָרוֹעִים צֶמֶר וְחָלָב וּגְדָיִים, וְלֹא מִשּׁוֹמְרֵי פֵרוֹת עֵצִים וּפֵרוֹת. אֲבָל לוֹקְחִין מִן הַנָּשִׁים כְּלֵי צֶמֶר בִּיהוּדָה, וּכְלֵי פִשְׁתָּן בַּגָּלִיל, וַעֲגָלִים בַּשָּׁרוֹן. וְכֻלָּן שֶׁאָמְרוּ לְהַטְמִין, אָסוּר. וְלוֹקְחִין בֵּיצִים וְתַרְנְגוֹלִים מִכָּל מָקוֹם:

9 It is not permitted to buy wool, milk, and kids from shepherds, [it being possible that they stole these from the owner's flock which was given them (to guard)], nor (is it permitted to buy) wood or fruit from watchers of fruit. But it is permitted to buy from women woolen garments in Judah, flax in the Galil, [women's work, which they themselves fashion and sell with their husbands' approval], and calves in the Shomron [a place where calves are bred, the calves belonging to them]. And with all (of the above), if they asked to conceal (the sale), it is forbidden. And eggs and chickens may be bought in all places.

י מוֹכִין שֶׁהַכּוֹבֵס מוֹצִיא, הֲרֵי אֵלּוּ שֶׁלּוֹ. וְשֶׁהַסּוֹרֵק מוֹצִיא, הֲרֵי אֵלּוּ שֶׁל בַּעַל הַבָּיִת. הַכּוֹבֵס נוֹטֵל שְׁלשָׁה חוּטִין וְהֵן שֶׁלּוֹ. יָתֵר מִכֵּן, הֲרֵי אֵלּוּ שֶׁל בַּעַל הַבָּיִת. אִם הָיָה הַשָּׁחוֹר עַל גַּבֵּי הַלָּבָן, נוֹטֵל אֶת הַכֹּל וְהֵן שֶׁלּוֹ. הַחַיָּט שֶׁשִּׁיֵּר מִן הַחוּט כְּדֵי לִתְפֹּר בּוֹ, וּמַטְלִית שֶׁהִיא שָׁלשׁ עַל שָׁלשׁ, הֲרֵי אֵלּוּ שֶׁל בַּעַל הַבָּיִת. מַה שֶּׁהֶחָרָשׁ מוֹצִיא בַמַּעֲצָד, הֲרֵי אֵלּוּ שֶׁלּוֹ, וּבַכַּשִּׁיל, שֶׁל בַּעַל הַבָּיִת. וְאִם הָיָה עוֹשֶׂה אֵצֶל בַּעַל הַבַּיִת, אַף הַנְּסֹרֶת שֶׁל בַּעַל הַבָּיִת:

10 The lumps (of thread) which the washer takes out of [the wool (He removes a small amount by soaking it) belong to him, [the owner not objecting; and even if he does, it is not considered an objection.] And what the carder removes belongs to the owner, [what he removes being of significance, and the owner objecting (to its being taken)]. The washer removes three threads and they belong to him. [It is customary to leave three threads of a different variety in woolen garments after weaving them. And the washer removes them and straightens out the garment. And if black threads are woven into a white garment, the washer is permitted to remove all of them, black being unseemly in the white.] If a tailor left over in the needle enough thread to sew with, [i.e., a needle's length] or a three by three patch, they belong to the owner. [If a tailor ended off his sewing and was left with a small patch, three by three fingers, he must return it to the owner of the garment.] The chips that the carpenter makes with the adze, [which are thin], belong to him, and (those which he makes) with the axe, [which are thick], belong to the owner. And if he were working in the owner's home, even the saw-dust [made by the bore] belongs to the owner.

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