WHEN GAZLANIM PAY K'SHA'AS HA'GEZEILAH (Yerushalmi Perek 9 Halachah 1 Daf 37a)
îúðé' äâåæì òöéí åòùàï ëìéí öîø åòùàå áâãéí îùìí ëùòú äâæéìä
(Mishnah #1): If one was Gozel [openly stole] wood and made Kelim, (or) wool and he made garments, he pays k'Sha'as ha'Gezeilah (the value at the time he stole it);
âæì ôøä îòåáøú åéìãä åøçì èòåðä åâææä [ãó ìæ òîåã á] îùìí ãîé ôøä îòåáøú ìéìã åãîé øçì èòåðä ìäéâææ
If he was Gozel a pregnant cow and it gave birth, or a sheep laden with wool and sheared it, he pays for a cow about to give birth or a laden sheep.
âæì ôøä åòéáøä àöìå åéìãä åøçì åðèòðä òîå åâææä îùìí ëùòú äâæéìä
If he was Gozel a cow, and it became pregnant and gave birth, or a sheep, and it became laden with wool and he sheared it, he pays k'Sha'as ha'Gezeilah.
æä äëìì ëì äâæìðéï îùìîéï ëùòú äâæéìä:
The general rule is, all Gazlanim pay k'Sha'as ha'Gezeilah.
âî' [ö''ì âæì ùìç åìáðå èååé åìáðå îùìí ëùòú äâæéìä - äâø''ç ÷ðéáñ÷é ùìéè''à, ùðåé ðåñçàåú]
(Gemara - Tosefta): If one was Gozel a hide and was Melaben (whitened) it, or spun thread and was Melaben it, he pays k'Sha'as ha'Gezeilah [for acquired it through Shinuy].
äëà àú îø ìéáåï ëùéðåé åäëà àú îø àéï ìéáåï ëùéðåé.
Question: Here you say that Libun is a Shinuy, and here (our Mishnah) you say that Libun is not a Shinuy! (If it were a Shinuy, why does it say that he acquires through making wool into garments? It should teach that he acquires through Libun!)
äï ãúéîø ìéáåï ëùéðåé áùòùàå öåôéí åäï ãúéîø àéï ìéáåï ëùéðåé áùäðéçå ëîåú ùäåà.
Answer: Libun is a Shinuy when he combed it. Libun is not a Shinuy when he left it like it is.
îöéðå ìéáåï áìà öåôéí ùîà éù öåôéí áìà ìéáåï.
Question: [Granted,] we find Libun without combing. Is there combing without Libun?! (Combing always whitens it more. Why did our Mishnah does it say that he acquires through making wool into garments? It should teach that he acquires through combing, which is also Libun!)
àîø ø' éåãï ÷ì äåà ùäé÷ìå áâæìï ùéùìí ëùòú äâæéìä.
Answer (R. Yudan): [Really, even Libun through combing is not a Shinuy. Chachamim] were lenient about a Gazlan [to say that he acquires through it, to make it easier for him to repent]; he pays k'Sha'as ha'Gezeilah.
âæì ùìç åìéáðå àéú ìê îéîø áùòùàå öåôéí. [ãó ìâ òîåã á (òåæ åäãø)] òåã ÷ì äåà ùäé÷ìå áâæìï ùéäà îùìí ëùòú äâæéìä.
Support: If one was Gozel a hide and was Melaben it, can you say that he combed it?! Rather, it is another leniency for a Gazlan, that he pays k'Sha'as ha'Gezeilah. (We explained this like MAHARA FULDA.)