Bava Kamma - Daf 96
- גזל והשביח ומכר, or if the buyer improved it
Rava said: גזל והשביח ומכר – If one stole something and improved it and then sold it, וגזל והשביח והוריש – or he stole it, improved it, and then bequeathed it to his heirs when he died, מה שהשביח מכר – what he improved he has sold; מה שהשביח הוריש – what he improved he has bequeathed to his heirs. Rashi says (in his first explanation) this refers to the partial share the robber acquires in the improvements (according to Rebbe Shimon, as explained on Daf 95b). This ownership can be transferred to others. Rava inquired, if the buyer improved the stolen article, if he also receives this share in the article, and concluded: מה מכר ראשון לשני – what did the first sell to the second? כל זכות שתבא לידו – Any right that comes into his hand. The buyer acquires all rights of the robber, including to acquire a share in his improvements. Rava then asked about an idolator who improved a stolen item. Since the enactment granting robbers a share in improvements certainly does not apply to an idolator, the case is ultimately explained as where a Jew stole an item, sold it to an idolator who improved it, who then sold it to a Jew. The question is left unresolved.
- Parameters of שינוי for a palm tree or lulav
Rav Pappa said that if someone stole a palm tree and cut it down, even if he felled it into his own land, he does not acquire it, because מעיקרא דיקלא מיקרי והשתא נמי דיקלא מיקרי – originally it was called “a palm tree,” and now, too, it is still called “a palm tree,” and not considered changed. Even if he cut it into logs, they are still called “palm-tree logs,” and unchanged. However, if he made them into beams, he does acquire them. Cutting large beams into small ones does not acquire them but making them into boards does. Rava said that if someone stole a lulav and cut it into leaves he acquires them. Making leaves into a broom would acquire them, but making a broom into a rope would not, since it can be undone and returned to its former state. Rav Pappa asked if נחלקה התיומת – the center “twin-leaf” was split, if it is considered a change. This depends on whether it has been disqualified for use as a lulav, and there are two versions if the Gemara successfully proves that it is disqualified.
- "פנים חדשות באו לכאן" regarding שינוי
Rav Pappa said that if one stole earth and made it into a brick, he does not acquire it, דהדר משוי ליה עפרא – because he can again make it into earth, so the change is reversible. However, if he stole a brick and made it into earth, he does acquire it. Although it can be remade into a brick, האי לבינתא אחריתי הוא – this is considered a new brick, ופנים חדשות באו לכאן – and a “new face” will have come into being here. Thus, the change is not considered reversible. Similarly, if one stole a bar of silver and made it into coins, he does not acquire it, because it can be returned to a bar (the slight differences in shape are insignificant for a bar of silver). If one stole silver coins and melted them into a bar, he does acquire them, because remaking them into coins would be "פנים חדשות". If one stole tarnished coins and shined them like new, he does not acquire them, because they will eventually return to their tarnished state. If he stole new coins and tarnished them, he acquires them, because although he can renew them, מידע ידיע שיחמייהו - their tarnish will remain discernible.
