- קרן כעין שגנב תשלומי כפל ותשלומי ד' וה' כשעת העמדה בדין
Rav said: קרן כעין שגנב – A thief pays the principal according to its value when he stole it; תשלומי כפל ותשלומי ארבעה וחמשה כשעת העמדה בדין – and he pays כפל and the four- and fivefold payment according to its value at the time of appearance in court. The extra words "גניבה" and "חיים" teach: אחייה לקרן כעין שגנב – revive the principal of the stolen item as it was when he stole it. Tosafos explains that this implies that only the principal is paid according to the theft, but the additional payments follow its later value. Rav is challenged from a Baraisa teaching that if a thief fattened an animal, he pays כפל and ד' וה' according to its value when he stole it!? The Gemara answers that the גנב can say: אנא פטימנא ואת שקלת – I fattened it, and you will take additional payment? Another Baraisa teaches the same where the thief weakened the animal, and the Gemara answers: מה לי קטלה כולה מה לי קטלה פלגא – what difference is it to me if he killed it completely, or if he killed it halfway? Rashi explains that the shechitah is considered to have begun then. The Gemara says that Rav’s ruling refers to fluctuations in price.
- תברה או שתייה
The Gemara further analyzes Rav’s ruling: If Rav is discussing where the item was worth one zuz when stolen, and worth four when he shechted or sold it, and Rav rules that he pays a principal of one, then Rav disagrees with Rabbah. Rabbah said that if someone stole a keg of wine which was worth one zuz, and worth four zuz when it was destroyed, תברה או שתייה – if he broke [the keg] or drank [the wine], actively destroying it, משלם ד' – he pays four [zuz], its current value, איתבר ממילא משלם זוזא – but if it broke by itself, he pays only one zuz, its original value. Rashi explains that this active destruction constitutes a new act of theft and obligates him according to its new value. Shechting or selling a stolen animal is likewise actively destroying it, so Rabbah would hold he pays the principal according to its current higher value!? The Gemara answers that Rav is discussing the reverse case, where it was originally worth four zuz, and worth one zuz at its destruction.
- גנב טלה ונעשה איל עגל ונעשה שור נעשה שינוי בידו וקנאו
Rebbe Il’a said: גנב טלה ונעשה איל – If one stole a lamb and it matured into a ram, עגל ונעשה שור – or he stole a calf and it matured into an ox, נעשה שינוי בידו וקנאו – it has undergone a significant physical change in his possession, and he thereby acquired it (and henceforth must pay its value, not return the animal). If he shechts or sells it afterwards, he does not pay ד' וה', because שלו הוא טובח – he is shechting that which is his, שלו הוא מוכר – he is selling that which is his. Rebbe Chanina challenged him from a Baraisa which says about this very case that he does pay ד' וה' according to its value when stolen, proving this is not considered a significant change to acquire the animal!? [Rebbe Chanina explains that he only pays ד' וה' according to its original value, because the thief can say: תורא גנבי ממך – Did I steal an ox from you? דיכרא גנבי ממך – Did I steal a ram from you? He only pays ד' וה' for the item he stole, a calf or lamb.] Rav Sheishess eventually answers for Rebbe Il’a that this Baraisa follows Beis Shammai’s opinion, that a thief does not acquire stolen goods through changes.
