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1) ACQUISITION THROUGH CHANGE

(a) Beis Shamai and Beis Hillel only argue whether one acquires through a change - but all agree, double payment, 4 and 5 are as the time of the theft!
(b) Question: But Rav said that principle is paid as the time of the theft, 4 and 5 are as the time of the trial!
(c) Answer: (Rava): The Beraisa teaches that he pays lambs, as the time of the theft - but he pays according to the market value at the time of the trial.
(d) (Rabah): A verse and Mishnayos teach that one acquires through a change.

1. A verse - "He will return the stolen object that he stole" - these words are redundant, to teach that he only returns it if it is as he stole; if not, he just owes their value.
2. (Mishnah): A thief stole wood or wool and made it into vessels - he pays as their value when he stole them.
3. (Mishnah): A Yisrael dyed his first shearings before giving them to a Kohen - he is exempt (from giving them to a Kohen).

i. These show, one acquires through a change.

(a) (Rabah): If the owner despairs, the thief acquires - we do not know if this is mid'Oraisa or mid'Rabanan.

1. Perhaps it is as a found object - if the owner despaired before it was found, the finder acquires it mid'Oraisa, and also by a thief;
2. Or - a lost object is different, for the finder had permission to pick it up;

i. A thief only acquires mid'Rabanan, an enactment to help people repent.

(b) (Rav Yosef): A thief does not acquire through despair (of the owner), even mid'Rabanan.
(c) Question (Rav Yosef - Mishnah): A thief stole Chametz, and it became forbidden on Pesach - he can return it after Pesach and say 'Here is your Chametz'!

1. Surely, when Pesach came, the owner despaired - if the thief acquired it, he cannot return it, he must return the value of what he stole!

(d) Answer (Rabah): I only said that a thief acquires through despair when he wants to acquire - here, he does not want to acquire.
(e) Question (Abaye - Beraisa): "His sacrifice" - not a stolen one.

1. Question: What is the case?

i. Suggestion: If the owner did not despair yet - this is obvious!

2. Answer: Rather, the owner despaired - we see, the thief did not acquire it!
3. Counter-question (Rabah - Beraisa): "(A Zav's) mattress" - not a stolen one - what is the case?

i. Suggestion: If Reuven stole wool and made a mattress - all agree, he acquires through change!

4. Answer: Rather, you must say, he stole Shimon's mattress.

(f) Answer: Also, we can say, he stole a man's sacrifice!

(a) Question (Abaye - Mishnah): Hides of a regular person - through intention, they can receive Tum'ah;

1. A tanner's hides cannot receive Tum'ah through intention;
2. Hides of a (covert) thief can receive Tum'ah through intention, of an open robber cannot.
3. R. Shimon says, hides of a thief cannot receive Tum'ah through intention, of an open robber can, because the owner despaired.
4. This shows, one acquires through despair of the owner!

(b) Answer #1 (Rav Yosef): The case is, he cut them (the change helps him acquire them).
(c) Question (Rav Chanan): But the Mishnah speaks of a table-cover, which does not need to be cut!

1. (Mishnah): Anything which needs no further work, can receive Tum'ah through intention;

i. Anything which needs further work, cannot receive Tum'ah through intention, except for a table-cover.

(d) Answer #2 (Rava): A change in the name of the object is as a physical change.

1. One acquires through physical change, e.g. he stole wood, and now it is vessels - similarly, it was called hide, and now it is called a table-cover.

(e) Question: By a beam, a change in name (to 'roof') does not acquire!

1. (Mishnah): One who built a stolen beam into his house can return its value to the owner - this is an enactment to help thieves repent.
2. If not for the enactment, he does not acquire it!

(f) Answer (Rav Yosef): It is still called a beam, even after it is built into the roof.

1. (Beraisa): "Tzalos of the (future Mikdash)" - these are the boards that hold the rafters in place; "The Ubim" - these are the beams.