REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
A BIT MORE
ccyy
|
BRIEF INSIGHT
MARRIAGE TO A DEAF MUTE
If someone steals a beam and builds it into a building he may pay the value because of a Takanas ha'Shavim. The Rema says (CM 360:1) that if someone steals Kraka and builds large buildings on it he must break down all of the buildings and return the Karka to its owner because Takanas ha'Shavim does not apply to Karka. The Chasam Sofer explains that Takanas ha'Shavim only applies if there was some Shinuy (a change) to the stolen object but it wasn't enough of a Shinuy to be Koneh the object. Therefore the Takanas ha'Shavim does not apply to Karka since there is no Shinuy to the Karka.
QUICK HALACHAH
TAKANAS HA'SHAVIM
Anyone who steals something must return the item that he stole. If the item is lost or underwent a change than the Gazlan must return its value. Even if someone steals a beam and builds it into a big building since the beam is unchanged he must knock down the entire building and return the beam however the Rabanan instituted because of Takanas ha'Shavim that he may return the value of the beam instead of the actual beam so that the building will not be destroyed. (Shulchan Aruch CM 360:1)
However if in the process of placing the beam in the building the beam underwent a Shinuy than even the Takanas ha'Shavim is not necessary and m'Ikar ha'Din the value of the beam is returned.
|
Next Daf
Index to Revach for Maseches Gitin
| 