BAVA KAMA 66 - Two weeks of study material have been dedicated by Ms. Estanne Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

ACQUISITION THROUGH CHANGE [last line on previous Amud]

(a)

Beis Hillel say, "they (are disqualified)", but what they are transformed into is not.

1.

Beis Shamai expound "they (are disqualified)", but their offspring are not.

2.

Beis Hillel say that "they" excludes both of these (they are valid for Korbanos).

(b)

Question: What do Beis Hillel learn from "also"?

(c)

This is left unanswered.

(d)

Beis Shamai and Beis Hillel (Ra'avad; Rashi - R. Ilai and R. Chanina) argue only about whether or not one acquires through a change, but all agree that Kefel, four and five are like the time of the theft!

(e)

Question: Rav said that principal is like the time of the theft, and Kefel, four and five are like the time of the trial!

(f)

Answer (Rava): The Beraisa teaches that he pays lambs, like the time of the theft, but he pays according to the market value at the time of the trial.

(g)

(Rabah): A verse and Mishnayos teach that one acquires through a change.

1.

"He will return the stolen object that he stole" - these words are redundant, to teach that he returns it if only it is like he stole. If not, he just owes their value.

2.

(Mishnah): If a thief stole wood or wool and made it into Kelim, he pays their value at the time he stole them.

3.

(Mishnah): If a Yisrael dyed his first shearings before giving them to a Kohen, he is exempt (from giving them to a Kohen).

i.

These show that one acquires through a change.

2)

ACQUISITION THROUGH DESPAIR [line 18]

(a)

(Rabah): If the owner despairs, the thief acquires. We do not know if this is mid'Oraisa or mid'Rabanan.

1.

Perhaps it is like an Aveidah. If the owner despaired before it was found, the finder acquires it mid'Oraisa. The same applies to a thief;

2.

Or, perhaps an Aveidah is different, for the finder had permission to pick it up;

i.

A thief only acquires mid'Rabanan. This is an enactment to help people repent.

(b)

(Rav Yosef): A thief does not acquire through despair (of the owner), even mid'Rabanan.

(c)

Question (Rav Yosef - Mishnah): If a thief stole Chametz, and it became forbidden on Pesach, he can return it after Pesach and say 'here is your Chametz'!

66b----------------------------------------66b

1.

Surely, when Pesach came, the owner despaired. If the thief acquired it, he would not be able to return it. He would need to return the value of what he stole!

(d)

Answer (Rabah): I said only that a thief acquires through despair when he wants to acquire. Here, he does not want to acquire.

(e)

Question (Abaye - Beraisa): "His Korban" - not a stolen one.

1.

Question: What is the case?

i.

Suggestion: If the owner did not despair yet, this is obvious!

2.

Answer: Rather, the owner despaired. This shows that the thief did not acquire it!

3.

Counter-question (Rabah - Beraisa): "His (a Zav's) mattress (becomes an Av ha'Tum'ah to be Metamei people when he sits on it)", but a stolen one does not.

i.

If Reuven stole wool and made a mattress, all agree that he acquires through change!

4.

Answer: Rather, you must say that he stole another's mattress.

(f)

Answer: Likewise, we can say that he stole another's Korban!

3)

WHEN INTENT HELPS FOR TUM'AH [line 14]

(a)

Question (Abaye - Mishnah): Hides of a regular person can receive Tum'ah through intent;

1.

A tanner's hides cannot receive Tum'ah through intent.

2.

Hides of a Ganav (covert thief) can receive Tum'ah through intent. Hides of a Gazlan (open robber) cannot.

3.

R. Shimon says, hides of a Ganav cannot receive Tum'ah through intent. Hides of a Gazlan can, because the owner despaired.

4.

This shows that one acquires through despair of the owner!

(b)

Answer #1 (Rav Yosef): The case is, he cut them (the change helps him acquire them).

(c)

Question (Rav Chanan): The Mishnah discusses a table- cover, which does not need to be cut!

1.

(Mishnah): Anything that needs no further work can receive Tum'ah through intent;

2.

Anything that needs further work cannot receive Tum'ah through intent, except for a table-cover.

(d)

Answer #2 (Rava): A change in the name of the object is like a physical change.

1.

One acquires through physical change, e.g. he stole wood, and now it is Kelim. Similarly, it was called a hide, and now it is called a table-cover.

(e)

Question: Regarding a beam, a change in name (to 'roof') does not acquire!

1.

(Mishnah): One who built a stolen beam into his house can return its value to the owner. This is an enactment to help thieves repent.

2.

If not for the enactment, he would not acquire it!