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1) "RESUSCITATING" THE PRINCIPLE

(a) (Rav): A thief pays principle as the value at the time he stole it; the additional payments (of double payment, or 4 or 5) are as the value at the time of the trial. (b) Question: Why is this?

1. Answer: It says "Theft" and "Living" - the thief must resuscitate what he stole as when he stole it.

(c) Question (Rav Sheshes - Beraisa): A thief stole an animal and fattened it - he pays double, 4 or 5 as at the time he stole.
(d) Answer: Since the thief fattened the animal, it is not reasonable that he should pay extra for this.
(e) Question (Beraisa): A thief stole a fat animal and weakened it - he pays double, 4 or 5 as at the time he stole.
(f) Answer: Weakening the animal is as partially killing it (it is not reasonable that he should pay less for this).
(g) Rav's law applies when the price of animals changed.
(h) Question: What is the case?

1. Suggestion: It was worth 1 (Zuz) when he stole it, and 4 later (at the time of the trial); Rav argues on Rabah!

i. (Rabah): Reuven stole a barrel of wine worth 1 Zuz; later, the price went up to 4, and he broke it or drank it - he pays 4; if it broke by itself, he pays 1.

(i) Answer: (Rav does not argue,) the case is it was worth 4 when he stole it, and 1 later.

1. He pays 4 as principle, and 1 for payments of double, 4 and 5.

(a) Support ((for Rav) R. Chanina - Beraisa): A watchman claimed that the deposit was stolen; he swore falsely, admitted that he lied, and witnesses testified that the watchman himself took it:

1. If he admitted before witnesses came, he pays principle, an added fifth (quarter of the principle), and brings an Asham;
2. R. Yakov says, if he admitted after witnesses came, he pays double and brings an Asham; the extra payment (of the double payment) counts as the added fifth.

3. Chachamim say, "In its principle and its fifth" - one only adds a fifth when paying principle (not when paying double).
4. R. Shimon bar Yochai says, the fifth and Asham only apply when a double payment is made.

(b) Question: R. Yakov said that the extra payment counts as the fifth - what is the case?

1. Suggestion: If the deposit was worth 4 from beginning to end - the extra payment is 4, the added fifth is only 1!

(c) Answer: Rather, it was worth 4 when he stole it, and 1 at the end - the extra payment is 1, and so is the added fifth!
(d) This shows that the principle is paid as the initial price (since the fifth is a quarter of the principle), and extra payments are as the final price!
(e) Rejection (Rava): Really, it was worth 4 from beginning to end; the case is, he swore 4 times, so the extra payment (4) equals the added fifths!

1. "Its fifths" - the Torah said that many fifths can be paid on 1 principle.

(f) (Beraisa - Chachamim) "In its principle and its fifth" - one only adds a fifth when paying (only) principle (but he brings an Asham).
(g) Question: The same reason he is exempt from the fifth should also exempt from the Asham - "In its principle and its fifth v'Es (and) his Asham"!
(h) Answer: Chachamim hold, the word "Es" separates (that Asham is not dependent on only paying principle);

1. R. Shimon holds, the word "Es" connects (that also Asham is dependent on only paying principle).
2. Chachamim: If so, the Torah should have omitted the word 'v'Es'!
3. R. Shimon: It must be written to separate between money paid to a person (the fifth) and what goes to Hash-m (Asham).

(a) (R. Ila'i): A man stole a lamb or calf, it grew up and became a ram or ox - this is a change, he acquires it;

1. If he slaughters or sells it, he slaughters or sells his own animal.

(b) Question (R. Chanina - Beraisa): A man stole a lamb, it grew up and became a ram or ox - he pays double, 4 or 5 as at the time of the theft.

1. If he acquires it through the change - he should not pay 4 or 5, he slaughters or sells his own animal!
2. Counter-question: (R. Ilai): If he does not acquire - why does he pay as the time of the theft - he should pay as now!
3. Answer (R. Chanina): He does not pay as now, because he stole a lamb, not a ram!

(c) Question (R. Zeira): He should acquire because the stolen item has a new name!
(d) Answer (Rava): A 1-day old ox is also called an ox.

1. We learn from "An ox...that will be born".
2. Similarly by rams - "The rams of your flock I did not eat" - surely, Yakov also did not eat Lavan's lambs!

(e) Question (b) has still not been answered!
(f) Answer (Rav Sheshes): The Beraisa is as Beis Shamai, who say that one does not acquire through a change.

1. (Beraisa #1): A man paid a harlot with wheat, olives or grapes, and she made them into flour, oil or wine - they may not be offered on the Altar (they are still considered her wages);
2. (Beraisa #2): They may be offered.
3. (Rav Yosef - Beraisa): Beis Shamai forbid, Beis Hillel permit.
4. Question: Why do Beis Shamai forbid?
5. Answer: The verse (forbidding a harlot's wages and something traded for a dog as sacrifices) says "Also", to include what they are transformed into.

i. Beis Hillel explain, they are forbidden - not what they are transformed into.
ii. Beis Shamai explain, they are forbidden - not their offspring.
iii. Beis Hillel say, both are excluded.

6. Question: What do Beis Hillel learn from "Also"?

i. This is left unanswered.