Bava Kamma - Daf 93
- המוסר דין על חבירו הוא נענש תחילה
Rav Chanan said: המוסר דין על חבירו – One who gives over judgement of his fellow to Heaven, asking Hashem to judge him, הוא נענש תחילה – he is punished first for his own sins (Rashi in Rosh Hashanah explains that he is scrutinized to determine if he deserves to have his fellow punished because of him). We find that Sarai told Avram, "חמסי עליך" – “My injustice is upon you!...Let Hashem judge between me and you,” and she died earlier than Avraham. The Gemara adds that this is only where he could have attained justice on earth (Tosafos explains that Sarah could have brought her complaint to the Beis Din of Shem). Rebbe Yitzchak said: אוי לו לצועק יותר מן הנצעק – Woe to one who cries out more than the one about whom the outcry is. A Baraisa also teaches: אחד הצועק ואחד הנצעק במשמע – both the one who cries out, and the one about whom the outcry is, are implied by the passuk describing Hashem’s hearing a victim’s outcry, which concludes "והרגתי אתכם" – I shall kill you (plural), אלא שממהרין לצועק יותר מן הנצעק – but they hasten to punish the one who cries out more than the one about whom the outcry is.
- הגוזל עצים ועשאן כלים (two types of שינוי)
The ninth Perek begins: הגוזל עצים ועשאן כלים – One who steals pieces of wood and makes them into utensils, צמר ועשאן בגדים – or pieces of wool and makes them into garments, משלם כשעת הגזלה – pays their value at the time of the robbery. Since he acquired them with שינוי – a physical change, he pays their original value and keeps the stolen items. The Mishnah implies that his earlier acts of planing the wood and whitening the wool (respectively) were insufficient to acquire them, which contradicts a Baraisa stating that one does acquire with these acts. Abaye explains that the Mishnah discusses one who stole boards, which were already smoothed, which he assembled into a chest, or already spun threads of wool which he wove into a garment. Both cases are a שינוי דהדר לברייתא – change that can revert to its original form (by being taken apart). Although this is Biblically insufficient, it acquires Rabbinically [as explained on Daf 94b, משום תקנת השבים – because of an enactment to assist those who wish to repent]. The Baraisa discusses irreversible changes, which acquire Biblically. Rav Ashi says even the Mishnah discusses irreversible changes which acquire Biblically: he made the wood into בוכאני – a pestle, and he made the wool into נמטי – felt.
- Whitening and dying wool
A Baraisa teaches that one who whitens stolen wool acquires it. This contradicts a Mishnah regarding ראשית הגז, which states that if he dyed the first shearings before giving them to the Kohen, he is exempt from giving them, because he acquired them. לבנו ולא צבעו חייב – If he merely whitened it and did not dye it, he is obligated to give it to a Kohen. Abaye answers that the Baraisa reflects Rebbe Shimon’s opinion, that wool which is whitened is not combined with later shearings (for the requisite shiur), and the Mishnah reflects the Chachomim’s opinion, who disagree. Rava says both statements are Rebbe Shimon’s, but distinguishes between cleaning the wool by hand, which is insignificant, and cleaning through combing, which is significant. Rebbe Chiya bar Avin distinguishes between merely washing and bleaching. The Gemara asks a contradiction to Rebbe Shimon’s opinion (that whitening is a שינוי) from a Baraisa where Rebbe Shimon ben Yehudah quotes him saying even dyeing is not a שינוי, and Abaye answers that Tannaim disagree about Rebbe Shimon’s opinion. Rava answers that Rebbe Shimon holds dyeing is less of a change than whitening, הואיל ויכול להעבירו ע"י צפון – since one can remove it with detergent.
