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BAVA KAMA 96

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BAVA KAMA 96 (1 Elul) - Dedicated l'Iluy Nishmas Esther Chaya Rayzel (Friedman) bas Gershon Eliezer (Yahrzeit: 30 Av, Yom Kevurah: 1 Elul) by her daughter and son-in-law, Jeri and Eli Turkel of Raanana, Israel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.

SUMMARY

If a Ba'al Chov collects his debt from the buyer of land from his debtor he must compensate the buyer for the improvements if the amount of his debt does not exceed the value of the land.
 
If the Ba'al Chov was owed the amount that the land was worth together with the improvements he is not obligated to compensate the buyer for the improvements that he made on the land.
 
It is a Machlokes if when a Ba'al Chov takes land from the buyer of his debtor if the buyer may pay him off with money instead of giving him the land.
 
If the debtor committed a particular land to the debt and he said you may only collect from this land everyone agrees that the buyer does not have the right to pay him off with money
 
If a Gazlan improves a stolen object and sells it or he dies and it is inherited by his children the buyer or inheritor is Koneh the improvements just as the Gazlan is Koneh the improvements. (1)
 
If a person buys a stolen object from the Gazlan and he improves it he is Koneh the improvement just as the Gazlan himself would have been Koneh. (2)
 
If a non-Jew steals an object he is not Koneh the improvements because the Takanas ha'Shavim doesn't apply to a non-Jew. (3)
 
If a Yisrael stole an object and he sold it to a non-Jew and he improved it and sold it to another Yisrael it is a Safek if the Takanas ha'Shavim applies.
 
If someone steals a tree and cuts it down even if he moves it to a different land it is not regarded as a Shinuy and he is not Koneh.
 
If he steals a tree and cuts it into logs it is not regarded as a Shinuy and he is not Koneh.
 
If he steals logs and makes it into beams he is Koneh with a Shinuy but if he stole big beams and cuts it down into small beams he is not Koneh.
 
If he steals beams and makes it into boards he is boards he is Koneh.
 
If he steals a Lulav and detaches the leaves or he steals the leaves and makes into a broom he is Koneh with a Shinuy.
 
If the middle leaf of a Lulav is removed the Lulav is Pasuk.
 
If the middle leaf is split according to the first Lashon it is a Kosher and according to the second Lashon it is Pasul.
 
If someone steals earth and makes bricks out of it he is not Koneh because it is not a Shinuy since it could revert back to being earth.
 
If he steals bricks and makes it into earth he is Koneh with a Shinuy because even though he could make again into bricks it the new bricks are different than the old ones.
 
If he steals a bar of silver and makes coins out of it is not a Shinuy and he is not Koneh because he could turn it back into a bar of silver.
 
If he steals coins and turns it into a bar of silver he is Koneh with a Shinuy because even though he could make again into coins it would not be the same coins as than the first ones.
 
If he steals old coins and refurbished them so they look new he is not Koneh with a Shinuy because it will eventually look old again.
 
If he steals new coins and makes them look old he is Koneh with a Shinuy because even though he could refurbish them it will never regain its original luster.
 
If a person steals a calf and it grows into an ox if he is Koneh with a Shinuy and if he Shechts it or sells it he is Patur from four or five.
 
If someone steals an animal or servant and they aged he must pay the value that it was worth at the time that he stole it according to the Tana Kama
 
R. Meir says that that the servant may be returned as it is and for the animal he must pay the value that it was worth at the time that he stole it. (4)
 
Rav says that the correct version is that R. Meir holds that he must pay for the value of the servant at the time it was stolen and the Rabanan hold that he may return the servant as is.
 
If someone steals a coin and it cracks or fruit and it rots or wine and it turns into vinegar he is Koneh with a Shinuy and he pays the value that it was worth at the time that he stole it.
 
If he steals a coin and it becomes invalid currency or Terumah and it becomes Tamei or Chametz and Pesach passes or an animal and an Aveirah was done with it or a Mum developed on it or it was Chayav Misah he may return the stolen object as it is. (5)
 
If someone steals an animal or servant and they are permanently weakened he must pay the value that it was worth at the time that he stole it according to the Tana Kama.
 
Is someone exchanges a cow for a donkey or he sells his maidservant, if the cow or the maidservant gave birth and one of them claims it gave birth in my Reshus and the other one is silent the one who makes the claim is Zocheh..
 
If they both do not know if it gave birth in their Reshus or not they split the offspring.
 
If they both claim that it gave birth in their Reshus the seller must swear that it gave birth in his Reshus and he is Zocheh in the offspring according to R. Meir. (6)
 
The Chachamim say that a Shevu'ah is not made on Karka or on servants. (7)

A BIT MORE

1. For example, if the improvement was a Shinuy that could revert back to its original state and the Ganav was Koneh because of Takanas ha'Shavim even though Takanas ha'Shavim doesn't apply to the buyer or the inheritor they are also Koneh the improvement
 
2. When a person sells something he is selling all of the Zechusim that he himself had in the object, since the Gazlan is Koneh because of Takanas ha'Shavim the buyer is also Koneh.
 
3. Even if he sells it to a Jewish person the Takanas ha'Shavim also doesn't apply because since he bought it from a non-Jew he has the same Din as a non-Jew.
 
4. R. Meir holds that servants are the same as land and a Ganav is not Koneh land that he stole and therefore even though it underwent a Shinuy he is not Koneh and he may return it as it is.
 
5. All of these things are regarded as an indiscernible Hezek and therefore it is not a Shinuy and the Gazlan is not Koneh and therefore he may return the object as it is.
 
6. The seller swears because it is referring to a case that he is Modeh b'Miktzas (admits partially to the claim), for example he cut off the hand of the maidservant and the buyer claims that you owe me a non-injured maidservant and the offspring, while the seller admits that he owes a non-injured maidservant but he denies that he owes the offspring and therefore he must swear a Shevu'ah Modeh b'Miktzas.
 
.
 
7. Therefore the seller may keep the offspring without taking a Shevu'ah unless the buyer proves that it was born in his Reshus.

BRIEF INSIGHT

PRECIOUS METAL
 
If a Ganav steals a bar of silver and makes coins out of it is not a Shinuy because he could turn it back into a bar of silver. If he steals coins and turns it into a bar of silver he is Koneh because even though he could make again into coins it would not be the same coins as than the original coins. The Ketzos ha'Choshen says that if the Ganav stole a bar of silver and made it into coins and than he turned it back into a bar of silver it is regarded as a Shinuy and he is Koneh. Even though it started out as a bar of silver and it is again a bar of silver since in the interim he made it into coins when he turns it back into a bar of silver he is Koneh with a Shinuy.

QUICK HALACHAH

ALTERING A STOLEN ITEM
 
If the stolen item was altered even If the owner was not Meya'esh the Gazlan only has to return the value that it was worth at the time it was stolen but only if the Shinuy can't revert back to its original state. For example, if someone steals wood and he bangs nails into the wood and makes a chest out if them it is not a Shinuy because it could revert back into pieces of wood. If he stole earth and made a brick out of it he is not Koneh because it could be turned back into earth. If he stole a bar of silver and made coins out of it he is not Koneh because it could be turned back into a bar of silver. (Shulchan Aruch CM 360:5)

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