1)

WHEN ONE RETURNS THE SAME ANIMAL (Yerushalmi Perek 9 Halachah 1 Daf 38a)

à''ø æéøà äãà àîøä âæì ùîéðä åäëçéùä îçæéø ìå àú äùåîï

(a)

Inference (R. Ze'ira): (Our Mishnah teaches that if he was Gozel a pregnant cow and it gave birth, he pays for a cow about to give birth.) This shows that if one was Gozel a fat animal, and it weakened, he returns to him [the value of] the [lost] fat.

àîø øá çñãà äãà àîøä âæì ëçåùä åäùîéðä îçæéøä áòéðä îôðé ùòéáøä àöìå åéìãä îùìí ëùòú äâæéìä.

(b)

Inference (Rav Chisda): [Our Mishnah] teaches that if one was Gozel a thin animal, and it fattened, he returns to him intact. [The Mishnah says that] because it became pregnant and gave birth, he pays the value at the time he stole it. (If it were still pregnant, he would return it intact.)

2)

THE AUTHOR OF OUR MISHNAH (Yerushalmi Perek 9 Halachah 1 Daf 38a)

îàï úðéúä

(a)

Question: Who taught [the general rule in our Mishnah, that all Gazlanim pay k'Sha'as ha'Gezeilah]?

ø' éò÷á ãúðé æä äëìì ùäéä ø' éò÷á àåîø ëì âæéìä ùäéà ÷ééîú áòéðéä åìà ðéùúðéú îáøééú' àåîø ìå äøé ùìê ìôðéê

(b)

Answer: It is R. Yakov, for a Beraisa teaches 'this is the general rule that R. Yakov used to say. Every Gezeilah that is intact, that did not change bodily, he tells him 'yours (what I stole) is in front of you';

åäâðá ìòåìí îùìí ëùòú äâðéáä:

1.

And a Ganav (covert thief) always pays k'Sha'as ha'Geneivah. (NO'AM YERUSHALMI - the Yerushalmi holds that for Geneivah, he despairs immediately, and the Ganav acquires through despair alone.)