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Laws of Robbery
Tort Law
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A
GEMARA:
The Gemara asks, concerning the mishna’s statement that one may take a vow to tax collectors:
But didn’t Shmuel say: The law of the kingdom is the law,
i.e., there is a halakhic principle that Jews must obey the laws of the state in which they live? Since one must pay the tax determined by the kingdom, how did the Sages permit one to lie in order to avoid paying?
Rav Ḥinnana said
that
Rav Kahana said
that
Shmuel said:
The mishna is referring
to a tax collector who has no fixed amount
for collection established by the kingdom…
Nedarim 28a:4-5
MISHNA:
One who robs another
of an item having
the value of
at least
one
peruta
and takes
a false
oath to
the robbery victim claiming his innocence, and then later wishes to repent, must
bring
the money, which includes the principal together with an additional one-fifth payment, to the robbery victim, even if this necessitates following
after him to
a distant place like
Media.
The robber
may not give
the payment
to
the robbery victim’s
son
to return it to the robbery victim…
Bava Kamma 103a:8-103b:6
§ The Gemara asks:
What is
defined as
oppression and what is
defined as
stealing,
and what is the difference between them?
Rav Ḥisda said:
If he told him:
Go and return, go and return
(see Proverbs 3:28), avoiding paying him while saying that he will pay him at some point,
this is oppression.
If he says to him:
You have
money owed to you
in my possession but I will not give
it
to you, this is stealing.
Rav Sheshet objects to this
from a
baraita
:
What is
the type of
oppression for which the Torah obligated…
Bava Metzia 111a:11-16
§ The mishna teaches:
How
does the
halakha
of the worker taking an oath and receiving payment apply to
one who was robbed?
The case is where witnesses
testified about
the defendant
that he entered
the claimant’s
house to seize collateral from him
without the authority to do so. The claimant said: You took items that belong to me; and the defendant said: I did not take them. The claimant takes an oath and receives payment of his claim. The Gemara challenges:
Perhaps he did not seize
anything as
collateral from him?
The witnesses testify…
Shevuot 46a:14-15
Whoever robs an object worth a
p'rutah
from a colleague transgresses a negative commandment, as Leviticus 19:13 states: "Do not rob."
Violation of this negative commandment is not punished by lashes, because it can be corrected by the fulfillment of a positive commandment. For if a person robs, he is obligated to return what he obtained by robbery, as
ibid.
5:23 states: "And he shall return the article he obtained by robbery." This is a positive commandment.
Even if the robber burned the object that he obtained by robbery, he is not punished by lashing…
Mishneh Torah, Robbery and Lost Property 1-10
The reference here is to a case
in which
the father had already
stood trial
and was obligated to pay. In such a case, the debt is considered like a loan with a promissory note, which a creditor may collect from the debtor’s heirs. The Gemara rejects this:
If
it is a case
in which
the father had already
stood trial
and was obligated to pay, then the heir, who took a false oath and later confessed, would have to
pay even
the additional
one-fifth
payment
as well,
as this would be akin to any monetary obligation…
Bava Kamma 105a:1-8
MISHNA:
With regard to
one who robs another or
who
borrowed
money
from him, or
one
with whom
another had
deposited
an item, if any of these interactions took place
in a settled area, he may not return
the item
to him in an unsettled area,
where it is of little benefit to the owner and he cannot safeguard it. If the loan or deposit was given
on the condition
that the recipient
may go out
and return it to the owner
in an unsettled area, he may return
it
to him in an unsettled area.
Bava Kamma 118a:2
MISHNA:
With regard to
one who robs a convert and takes a
false
oath
denying having done so,
and
then the convert
dies,
the robber, in order to achieve repentance,
pays
the
principal,
i.e., the stolen item or, if it is no longer extant, its monetary value,
and
an additional
one-fifth
of its value
to the priests, and
presents
a guilt-offering to the altar, as it is stated: “But if the man has no kinsman to whom restitution may be made for the guilt, the restitution for guilt that is made shall be the Lord’s…
Bava Kamma 110a:8-19
Rav Huna, son of Rav Yehoshua, explains:
According to
the opinion of
Rabbi Shimon, who says
that
an item that causes financial
loss
is considered
to have
monetary
value, the one who burned it is
liable,
and he must pay the robber. Although it is prohibited to derive benefit from leavened bread, the robber could have returned it to the victim and been exempt from liability. Now that it has been burned, the robber will have to pay the monetary value of the leavened bread at the time of the theft…
Bava Kamma 98b:4
§
Shmuel says:
The practice of the court is that when an animal or other item is stolen and then is damaged or dies, the court
does not appraise
its current value and assign ownership of it to its owner, in order that the perpetrator should have to pay only the difference between its prior value and its current value,
neither for
the sake of
a thief nor for
the sake of
a robber.
Rather, the thief or robber acquires ownership of the carcass or damaged item and compensates the owner for its prior value…
Bava Kamma 11a:9
MISHNA:
With regard to
one who misappropriates a deposit, Beit Shammai say: He is penalized for
its
decrease and
its
increase.
If the value of the deposit decreases, the bailee is liable to pay in accordance with its value at the time of the misappropriation. If it increases in value, he is liable to pay in accordance with its value at the time of repayment.
And Beit Hillel say:
He pays
in accordance with
its value at
the time of removal. Rabbi Akiva says:
He pays
in accordance with
its value at
the time of the claim.
…
Bava Metzia 43a:9-44a:6
Rav Pappa said:
They
do not disagree.
They were addressing different cases:
This,
i.e., Rav’s statement, is referring to a ship
that is commonly
available
for rental. That,
i.e., Shmuel’s statement, is referring to a ship that
is not commonly
available
for rental. And if you wish, say
instead:
This and that
statement are both referring to a ship
that is commonly
available
for rental. This,
Rav’s statement, is referring to a case
where
the one who seized the ship
descended,
i.e…
Bava Kamma 97a:9-11
§ An amoraic dispute
was stated
with regard to
one who entered another’s field and planted
trees in
it without
the
permission
of the owner of the field. Since the owner of the field profits from the planter’s actions, he is required to pay him.
Rav says:
The court
appraises
both the expenses
for
the one who planted the trees and the value of the improvements
and
the planter
is at a disadvantage,
i.e., the owner of the field pays the lesser of the two amounts…
Bava Metzia 101a:17-101b:1
§
Shmuel asked Rav:
If one robbed another of a field and sold it, and
then purchased it from the original owner, what is
the
halakha
? Can the robber now repossess the field from the person to whom he sold it before he legally owned it? Rav
said to him:
No, he cannot.
What did
the
first
person, the robber,
sell to the second
person, the purchaser, when he sold him the field? He sold him
any rights
to the field
that will come into his possession…
Bava Metzia 15b:17-16a:12
The Gemara explains: The Sages discussing the matter
assumed that everyone accepts
the opinion
of Rabbi Yitzḥak, as Rabbi Yitzḥak says: A person is prone to feel his purse constantly,
and therefore becomes aware of the theft soon after it takes place.
What, is it not
a case
where a
sela
was stolen with the owner’s
knowledge, and
the dispute of Rabbi Yishmael and Rabbi Akiva is parallel
to the dispute of Rav and Shmuel?
According to this explanation, Rav rules in accordance with the opinion of Rabbi Akiva…
Bava Kamma 118b:6-119a:5
§ The Gemara discusses another
halakha
pertaining to the giving of an item to a craftsman.
The Sages taught:
If one’s
utensils were
mistakenly
switched with
another’s
utensils in the house of a craftsman, this
one who received the wrong utensils
may use them until
the time
when that
one, whose utensils he received,
comes and takes his.
But if his utensils and another’s utensils were mistakenly switched
in a house of mourning or in a house of
a wedding
feast…
Bava Batra 46a:5-7
Rather, actually the entire
baraita
is referring to the stage
before
the owner’s
despair. And
you must
reverse
the
halakha
stated in
the last clause with
that stated in
the middle clause, and
reverse the
halakha
stated in
the middle clause with
that stated in
the last clause, and say like this:
If one
stole
an animal
and sold
it,
and another came and stole it
from the purchaser,
the first
thief
pays
the
fourfold or fivefold payment
to the owner…
Bava Kamma 68a:14-68b:1
§ The Gemara continues the discussion of a stolen item that has been enhanced.
Rava says:
If one
robbed
another of an item
and enhanced
it
and sold
it to another,
and
similarly, if one
robbed
another of an item
and enhanced
it and then died
and bequeathed
it,
he sold that which he enhanced and bequeathed that which he enhanced.
And the robbery victim, should he wish to recover the stolen item, must pay the purchaser or heir for the enhanced value…
Bava Kamma 96a:4-11
Rav Ḥisda further objected:
But perhaps
these seeds
were from stolen
property, i.e., they belonged to someone and it was prohibited for you to take them. Rami bar Tamrei
said to him:
Even so, in this case
there was
certainly
despair of the owners
of recovering them,
as grass was growing among them.
Since the owners had allowed them to lie there for so long, they had clearly given up all hope of retrieving them.
Chullin 110a:9
gentile
thugs took
the field from the robber by force due to previous dealings between them. In that case, when the
robbery victim comes to collect
the
principal, he collects
it
from liened property,
and when the
robbery victim comes to collect
payment for the
produce,
he can
collect
only
from unsold property.
Bava Metzia 15a:1
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