⚖️ Mishnah Bava Kamma 10

הַגּוֹזֵל וּמַאֲכִיל אֶת בָּנָיו, וְהִנִּיחַ לִפְנֵיהֶם, פְּטוּרִין מִלְּשַׁלֵּם. וְאִם הָיָה דָבָר שֶׁיֶּשׁ בּוֹ אַחֲרָיוּת, חַיָּבִין לְשַׁלֵּם. אֵין פּוֹרְטִין לֹא מִתֵּבַת הַמּוֹכְסִין, וְלֹא מִכִּיס שֶׁל גַּבָּאִין, וְאֵין נוֹטְלִין מֵהֶם צְדָקָה. אֲבָל נוֹטֵל הוּא מִתּוֹךְ בֵּיתוֹ אוֹ מִן הַשּׁוּק:

In the case of one who robs another of food and feeds it to his children, or who left a stolen item to them and then died, the children are exempt from paying the victim of the robbery after their father’s death. But if the stolen item was something that serves as a legal guarantee of a loan, the heirs are obligated to pay. One may not exchange larger coins for smaller ones from the trunk of customs collectors nor from the purse of tax collectors, and one may not take charity from them, as they are assumed to have obtained their funds illegally. But one may take money from the collector’s house or from money he has with him in the market that he did not take from his collection trunk or purse.

נָטְלוּ מוֹכְסִין אֶת חֲמוֹרוֹ וְנָתְנוּ לוֹ חֲמוֹר אַחֵר, גָּזְלוּ לִסְטִים אֶת כְּסוּתוֹ וְנָתְנוּ לוֹ כְסוּת אַחֶרֶת, הֲרֵי אֵלּוּ שֶׁלּוֹ, מִפְּנֵי שֶׁהַבְּעָלִים מִתְיָאֲשִׁין מֵהֶן. הַמַּצִּיל מִן הַנָּהָר אוֹ מִן הַגַּיִס אוֹ מִן הַלִּסְטִים, אִם נִתְיָאֲשׁוּ הַבְּעָלִים, הֲרֵי אֵלּוּ שֶׁלּוֹ. וְכֵן נָחִיל שֶׁל דְּבוֹרִים, אִם נִתְיָאֲשׁוּ הַבְּעָלִים, הֲרֵי אֵלּוּ שֶׁלּוֹ. אָמַר רַבִּי יוֹחָנָן בֶּן בְּרוֹקָה, נֶאֱמֶנֶת אִשָּׁה אוֹ קָטָן לוֹמַר, מִכָּאן יָצָא נָחִיל זֶה. וּמְהַלֵּךְ בְּתוֹךְ שְׂדֵה חֲבֵרוֹ לְהַצִּיל אֶת נְחִילוֹ. וְאִם הִזִּיק, מְשַׁלֵּם מַה שֶּׁהִזִּיק. אֲבָל לֹא יָקֹץ אֶת סוֹכוֹ עַל מְנָת לִתֵּן אֶת הַדָּמִים. רַבִּי יִשְׁמָעֵאל בְּנוֹ שֶׁל רַבִּי יוֹחָנָן בֶּן בְּרוֹקָה אוֹמֵר, אַף קוֹצֵץ וְנוֹתֵן אֶת הַדָּמִים:

If customs collectors took one’s donkey and gave him a different donkey that was taken from another Jew in its stead, or if bandits took his garment and gave him a different garment that was taken from a Jew in its stead, these items are now his because the owners despaired of retrieving them when they were stolen, and they may therefore be acquired by another. In a case of one who salvages items from a river, or from a troop [hagayis] of soldiers, or from bandits, if the owners of the items despaired of retrieving them, they are his, i.e., they belong to the one who salvaged them. And so too, with regard to a swarm of bees, if the owners despaired of retrieving the bees, they are his, i.e., they belong to the one who found them. Rabbi Yoḥanan ben Beroka said: A woman or a minor, whose testimony is not generally accepted by the court, is deemed credible to say: It was from here that this swarm emerged, and it therefore belongs to a certain individual. And one may walk into another’s field in order to salvage his own swarm of bees that has relocated there, and if he damaged some property in the process, he must pay for what he has damaged. But if the bees settled on a branch of a tree, he may not cut off the other’s branch in order to take the bees, even on the condition that he will later give him the money for it. Rabbi Yishmael, son of Rabbi Yoḥanan ben Beroka, says: He may even cut off the branch and later give him the money for it as compensation.

הַמַּכִּיר כֵּלָיו וּסְפָרָיו בְּיַד אַחֵר, וְיָצָא לוֹ שֵׁם גְּנֵבָה בָּעִיר, יִשָּׁבַע לוֹ לוֹקֵחַ כַּמָּה נָתַן, וְיִטֹּל. וְאִם לָאו, לֹא כֹּל הֵימֶנּוּ, שֶׁאֲנִי אוֹמֵר מְכָרָן לְאַחֵר וּלְקָחָן זֶה הֵימֶנּוּ:

In a case of one who recognizes his stolen vessels and scrolls in another’s possession, and a rumor had spread in the city that the former had been the victim of theft, the purchaser, i.e., the one in possession of these items, must take an oath to the victim as to how much money he spent on the purchase, and he then takes that sum of money in exchange for returning the items. And if no such rumor had spread, it is not in the purported victim’s power to assert that the items were stolen, and he is not entitled to demand their return, as I could say: The items were never stolen; rather, the purported victim sold them to another, and this individual who currently possesses the item purchased them from that other person.

זֶה בָּא בְחָבִיתוֹ שֶׁל יַיִן וְזֶה בָּא בְכַדּוֹ שֶׁל דְּבַשׁ. נִסְדְּקָה חָבִית שֶׁל דְּבַשׁ, וְשָׁפַךְ זֶה אֶת יֵינוֹ וְהִצִּיל אֶת הַדְּבַשׁ לְתוֹכוֹ, אֵין לוֹ אֶלָּא שְׂכָרוֹ. וְאִם אָמַר, אַצִּיל אֶת שֶׁלְּךָ וְאַתָּה נוֹתֵן לִי דְּמֵי שֶׁלִּי, חַיָּב לִתֵּן לוֹ. שָׁטַף נָהָר חֲמוֹרוֹ וַחֲמוֹר חֲבֵרוֹ, שֶׁלּוֹ יָפֶה מָנֶה וְשֶׁל חֲבֵרוֹ מָאתַיִם, הִנִּיחַ זֶה אֶת שֶׁלּוֹ וְהִצִּיל אֶת שֶׁל חֲבֵרוֹ, אֵין לוֹ אֶלָּא שְׂכָרוֹ. וְאִם אָמַר לוֹ, אֲנִי אַצִּיל אֶת שֶׁלְּךָ וְאַתָּה נוֹתֵן לִי אֶת שֶׁלִּי, חַיָּב לִתֵּן לוֹ:

In a situation where this individual came with his barrel of wine, and that individual came with his jug of honey, if the barrel of honey cracked and this first individual poured out his wine and salvaged the other’s honey, which is worth more than the wine, by collecting it into his wine barrel, the owner of the wine has the right to collect only his wage, i.e., compensation for the effort he put into salvaging the honey. He is not, however, entitled to compensation for the wine itself. But if the owner of the wine said: I will salvage your honey and you will pay me the value of my wine, the owner of the honey is obligated to pay him compensation for the wine. Similarly, if a river washed away his donkey and the donkey of another, and his donkey was worth one hundred dinars and the donkey of the other was worth two hundred, and the individual with the less valuable donkey abandoned his donkey and instead salvaged the donkey of the other, he has the right to collect only his wage, i.e., compensation for the effort he put into salvaging his fellow’s donkey. But if he said to the owner of the more valuable donkey: I will salvage your donkey and you will pay me the monetary value of mine in exchange, the owner of the more valuable donkey is obligated to pay the rescuer compensation for his donkey.

הַגּוֹזֵל שָׂדֶה מֵחֲבֵרוֹ וּנְטָלוּהוּ מְסִיקִין, אִם מַכַּת מְדִינָה הִיא, אוֹמֵר לוֹ הֲרֵי שֶׁלְּךָ לְפָנֶיךָ, וְאִם מֵחֲמַת הַגַּזְלָן, חַיָּב לְהַעֲמִיד לוֹ שָׂדֶה אַחֶרֶת. שְׁטָפָהּ נָהָר, אוֹמֵר לוֹ, הֲרֵי שֶׁלְּךָ לְפָנֶיךָ:

In a case of one who robs a field from an-other and thugs [massikin] subsequently take the field from the robber, the halakha is dependent upon the circumstances: If it is a regional disaster in which the thugs seize all the property in the region, the robber says to the owner of the field: That which is yours is before you, i.e., it is your prerogative to try to reclaim it from the thugs. No compensation is required since the thugs would have seized the property in any event. But if the thugs took that field alone due to the robber, the robber is obligated to provide the owner with a different field. If a river flooded a misappropriated field, the robber may say to its owner: That which is yours is before you, and no compensation is required. Since the field would have been flooded in any case, the robber has not caused the damage to the field, and is therefore exempt.

הַגּוֹזֵל אֶת חֲבֵרוֹ, אוֹ שֶׁלָּוָה הֵימֶנּוּ, אוֹ שֶׁהִפְקִיד לוֹ. בַּיִּשּׁוּב, לֹא יַחֲזִיר לוֹ בַמִּדְבָּר. עַל מְנָת לָצֵאת בַּמִּדְבָּר, יַחֲזִיר לוֹ בַמִּדְבָּר:

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.

הָאוֹמֵר לַחֲבֵרוֹ, גְּזַלְתִּיךָ, הִלְוִיתַנִי, הִפְקַדְתָּ אֶצְלִי, וְאֵינִי יוֹדֵעַ אִם הֶחֱזַרְתִּי לְךָ אִם לֹא הֶחֱזַרְתִּי לְךָ, חַיָּב לְשַׁלֵּם. אֲבָל אִם אָמַר לוֹ, אֵינִי יוֹדֵעַ אִם גְּזַלְתִּיךָ, אִם הִלְוִיתַנִי, אִם הִפְקַדְתָּ אֶצְלִי, פָּטוּר מִלְּשַׁלֵּם:

In the case of one who says to another: I robbed you, or: You lent me money, or: You deposited an item with me, and I do not know if I returned your property to you or if I did not return it to you, he is liable to pay the sum or item in question. But if he said to him: I do not know if I robbed you, or: I do not know if you lent me money, or: I do not know if you deposited an item with me, he is exempt from paying the sum or item in question.

הַגּוֹנֵב טָלֶה מִן הָעֵדֶר וְהֶחֱזִירוֹ, וּמֵת אוֹ נִגְנַב, חַיָּב בְּאַחֲרָיוּתוֹ. לֹא יָדְעוּ בְעָלִים לֹא בִגְנֵבָתוֹ וְלֹא בַחֲזִירָתוֹ, וּמָנוּ אֶת הַצֹּאן וּשְׁלֵמָה הִיא, פָּטוּר:

In the case of one who stole a lamb from a flock and returned it without informing the owner that he had done so, and then it died or was stolen, the thief is liable to pay restitution for it. If the lamb’s owners did not know about the entire incident, i.e., they did not know that it was stolen and they did not know that it was returned, and they counted the flock of sheep and found it whole, the thief is exempt from paying.

אֵין לוֹקְחִים מִן הָרוֹעִים צֶמֶר וְחָלָב וּגְדָיִים, וְלֹא מִשּׁוֹמְרֵי פֵרוֹת עֵצִים וּפֵרוֹת. אֲבָל לוֹקְחִין מִן הַנָּשִׁים כְּלֵי צֶמֶר בִּיהוּדָה, וּכְלֵי פִשְׁתָּן בַּגָּלִיל, וַעֲגָלִים בַּשָּׁרוֹן. וְכֻלָּן שֶׁאָמְרוּ לְהַטְמִין, אָסוּר. וְלוֹקְחִין בֵּיצִים וְתַרְנְגוֹלִים מִכָּל מָקוֹם:

One may not purchase wool, milk, and kids from the shepherds who tend the flocks of others, due to the concern that they have stolen these items from the owners of the flocks. And similarly, one may not purchase wood and produce from produce watchmen. But one may purchase from women woolen goods in Judea, and linen goods in the Galilee, and calves in the Sharon, as women in these locations often work with those commodities and it can be assumed that they are selling the items with the owner’s consent. And with regard to all these items, in a case where the seller told the buyer to conceal the purchase, it is prohibited, as there is good reason to suspect that the items are stolen. And one may purchase eggs and chickens from everywhere, as it is unlikely that one would steal and sell these commodities.

מוֹכִין שֶׁהַכּוֹבֵס מוֹצִיא, הֲרֵי אֵלּוּ שֶׁלּוֹ. וְשֶׁהַסּוֹרֵק מוֹצִיא, הֲרֵי אֵלּוּ שֶׁל בַּעַל הַבָּיִת. הַכּוֹבֵס נוֹטֵל שְׁלשָׁה חוּטִין וְהֵן שֶׁלּוֹ. יָתֵר מִכֵּן, הֲרֵי אֵלּוּ שֶׁל בַּעַל הַבָּיִת. אִם הָיָה הַשָּׁחוֹר עַל גַּבֵּי הַלָּבָן, נוֹטֵל אֶת הַכֹּל וְהֵן שֶׁלּוֹ. הַחַיָּט שֶׁשִּׁיֵּר מִן הַחוּט כְּדֵי לִתְפֹּר בּוֹ, וּמַטְלִית שֶׁהִיא שָׁלשׁ עַל שָׁלשׁ, הֲרֵי אֵלּוּ שֶׁל בַּעַל הַבָּיִת. מַה שֶּׁהֶחָרָשׁ מוֹצִיא בַמַּעֲצָד, הֲרֵי אֵלּוּ שֶׁלּוֹ, וּבַכַּשִּׁיל, שֶׁל בַּעַל הַבָּיִת. וְאִם הָיָה עוֹשֶׂה אֵצֶל בַּעַל הַבַּיִת, אַף הַנְּסֹרֶת שֶׁל בַּעַל הַבָּיִת:

Strands of wool that the launderer removes from the garment belong to him, as it can be assumed that the customer is uninterested in them, but strands that the carder, i.e., one who prepares wool for use as a textile, removes belong to the customer, as it is assumed that the customer would want them, since the carder often removes a significant number of strands. A launderer takes three threads that were inserted at the edge of a garment, and they are his, but with regard to more threads than this, these additional threads belong to the customer. If these were black threads on a white garment, he takes all of them and they are his. As the removal of the threads improves the appearance of the garment, the customer does not want them. In the case of a tailor who left enough thread attached to the cloth that it could be used in order to sew with it, or if there was a patch of cloth that is three fingerbreadths by three fingerbreadths left from the cloth given to the tailor by the customer, these items belong to the customer. That which a carpenter removes with an adze belongs to him, because an adze removes only small shavings of wood, which the customer is uninterested in; but what he removes with an ax [uvakashil] belongs to the customer. And if he was doing his work in the domain of the customer, then even the sawdust belongs to the customer.