Bava Kamma - Daf 113
- Tax collections which are illegitimate, re: accepting the money, כלאים, and נדרים
The next Mishnah states: אין פורטין לא מתיבת המוכסין – One may not take change from coins in the customs-collector’s box, ולא מכיס של גבאין – nor from the tax-collectors’ purse, ואין נוטלין מהם צדקה – and nor may one take charity from them, because the coins were not taken legitimately and are thus stolen. The Gemara asks that Shmuel said: דינא דמלכותא דינא – the law of the kingdom is considered the law, so the money should not be stolen!? Shmuel answered: במוכס שאין לו קצבה – The Mishnah’s case is a customs-collector who has no limit in the amount he takes, which is not a legitimate collection, so the funds are stolen. Rebbe Yannai’s academy answered: במוכס העומד מאליו – The case is a customs-collector who appointed himself, without the king’s authority. In another version, these answers were given to explain a machlokes Tannaim if one may wear כלאים to evade customs (where his intent is not to physically enjoy the garment), but both permit the customs evasion itself. In a third version, these answers were given regarding a Mishnah that allows making a neder to convince a customs collector that produce is terumah.
- גזל כנעני, הפקעת הלואתו, אבידתו, טעותו
A Baraisa teaches that where a Jew and a כנעני robber come for judgement, then the judge should follow whichever law (Jewish or Canaanite) would exonerate the Jew. Otherwise, Rebbe Yishmael says: באין עליו בעקיפין – we employ stratagems against him to exonerate the Jew. Rebbe Akiva says we do not, מפני קידוש השם – because of sanctification of Hashem’s Name. This implies that otherwise, Rebbe Akiva would allow stealing from the כנעני, which contradicts his statement in a Baraisa: מנין לגזל כנעני שהוא אסור – from where do we derive that stealing from a Canaanite is prohibited? The Torah says a Jew sold to a כנעני as a servant must be redeemed, and not escape. Rava answers: כאן בגזילו – [Rebbe Akiva’s second ruling] refers to stealing from him, which is prohibited, וכאן בהפקעת הלוואתו – and [his first ruling] refers to canceling his loan, because withholding payment is permitted. Rava is following his own opinion, that an עבד עברי is physically owned by his master, so escaping without redemption is actual stealing. Rav Shimon Chasida said that although stealing from a כנעני is prohibited, אבידתו מותרת – his lost article is permitted to keep. Rebbe Pinchas ben Yair says this does not apply where a חילול השם may result. Shmuel says: טעותו מותרת – money received through his mistake is permitted to keep.
- דינא דמלכותא דינא re: public bridges
Shmuel taught: דינא דמלכותא דינא – the law of the kingdom is considered valid law. Rava said: תדע – You may know this is true, דקטלי דיקלי וגשרי גישרי – because [the king’s agents] cut down palm trees without the owners’ permission and build bridges with them, ועברינן עלייהו – and we go across [the bridges]. If the wood would be considered stolen, the bridges would be prohibited to use. Abaye asked that perhaps the bridges became permitted through the owners’ יאוש, but Rava responded that יאוש alone would not permit their use (since they did not undergo a change of domain, nor a sufficient physical change).
Abaye asked that the king’s agents do not follow his directive to chop trees from all the valleys, because they chop all their trees from a single valley, so the trees are stolen. Rava answered: שלוחא דמלכא כמלכא ולא טרח – the king’s agent is like the king, and it is understood that he does not bother to take trees from all the valleys. The residents are entitled to demand compensation from the other valleys; if they do not, אינהו אפסיד אנפשייהו – they caused their own loss.
