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1) IMPROVEMENTS ON STOLEN PROPERTY

(a) (Rava): A thief stole and improved property, and then sold or bequeathed it - the sale or inheritance takes effect regarding the increased value (Rashi - a half, third or quarter thereof; alternatively, the entire increased value - this is an enactment to facilitate repentance).
(b) Question (Rava): If the buyer improved the land, what is the law?
(c) Answer (Rava): One who sells something, he sells all rights he has to it. (Just as if the thief improved it, he would get (all or some) of the improvements, also the buyer.)
(d) Question (Rava): If a Nochri (thief) improved the land, what is the law?

1. Question (Rav Acha Mi'Difti): Should we make enactments for Nochrim?!
2. Answer (Ravina): The case is, the Nochri sold it to a Yisrael.
3. Question: Still - one who acquired land through a Nochri has no more rights than the Nochri had!
4. Answer: The case is, the Nochri bought it from a Yisrael thief, and then sold it to a Yisrael.

i. Do we say - since a Yisrael stole it and it is now by a Yisrael, the enactment applies?
ii. Or - since a Nochri had it in between, there is no enactment?
iii. This question is unsettled.

(a) (Rav Papa): Reuven stole a date tree and cut it down - even if he plants it in his own property, he does not acquire it.
(b) Question: Why not?
(c) Answer: Originally, it was called a date tree, and also now!
(d) If he stole a date tree and made logs out of it, he does not acquire them, for they are called date logs (the name has not been lost).
(e) If he stole logs and made beams, he acquires them.
(f) If he stole long beams and cut them into small beams, he does not acquire them.

1. If he made boards out of them, he acquires them.

(g) (Rava): One who stole a Lulav and pulled off the leaves, he acquires it - originally, it was called a Lulav, and now it is leaves.
(h) One who stole Lulav leaves and made a broom (by cutting each leaf in half), he acquires it - originally, it was leaves, now it is a broom.
(i) One who stole a broom and made it into a rope, he does not acquire it, for he can untie it, and have a broom again.
(j) Question (Rav Papa): If the middle leaf was split, what is the law?
(k) [Version #1 - Answer: We may learn from R. Mason, who said that if the middle leaf was removed, it is disqualified.

1. Suggestion: Also if it was split it is disqualified. (Therefore, this is a change, a thief acquires through this.)

(l) Rejection: No, only removal disqualifies it, for then it is lacking.]
(m) [Version #2 - Answer: We may learn from R. Mason, who said that if the middle leaf was split, it is as if it was removed, it is disqualified.]
(n) (Rav Papa): One who stole dirt and made a brick, he does not acquire it, because he can return it to dirt.

1. One who stole a brick and made it dirt, he acquires.
2. Question: Why not say that he can make a brick again, so he does not acquire?
3. Answer: It would be a different brick.

(o) (Rav Papa): One who stole a lump of silver and made a Zuz (coin), he does not acquire, because he can return it to a lump of silver.

1. One who stole a Zuz and made it a lump of silver, he acquires.
2. Question: Why not say that he can make a Zuz again, so he does not acquire?
3. Answer: It would not be the same as originally.

(p) (One who stole) a black (i.e. old) coin and made it as new, he does not acquire;

1. If he blackened a new coin, he acquires.
2. Question: Why not say that he can make it new again?
3. Answer: It would be recognizable that it was once blackened.

(a) (Mishnah): The general rule is, all thieves pay as at the time of the theft.
(b) Question: What does this rule come to include?
(c) Answer: R. Ila'a's case - one who stole a lamb or calf and it became a ram or bull, he acquires it through this change;

1. If he slaughtered or sold it, he slaughtered or sold his own animal (and is exempt from 4 or 5).

(d) A man stole a yoke of oxen; he plowed and seeded with them, then returned them.

1. Rav Nachman: Evaluate the increased value (the owner receives it).
2. Rava: Are the oxen the only cause of the increased value, and not the land?
3. Rav Nachman: I only intended that the owner receive half.
4. Rava: Still, the stolen object returns intact, as the Mishnah teaches - all thieves pay as at the time of the theft (why should the owner profit)?
5. Rav Nachman: This man has stolen many times, I want to fine him.

(a) (Mishnah): A man stole an animal or slaves and they grew old - he pays as at the time of the theft;

1. R. Meir says, regarding slaves, he can say behold, here are your slaves (because slaves are never considered to be stolen).

(b) If he stole a coin and it cracked, fruit and they rotted, wine and it soured - he pays as at the time of the theft.
(c) If he stole a coin and it was disqualified, Terumah and it became Tamei, Chametz and Pesach came, an animal and a person slept with it or served it as idolatry or (it received a minor blemish) disqualifying it from being a sacrifice, or if it was being taken to be stoned, he can say behold, here is your animal.
(d) (Gemara - Rav Papa): The Mishnah is not only if the animal became truly old, rather, even if it became weaker.
(e) Question: But the Mishnah says, it became old!
(f) Answer: It means, it became weaker similarly to growing old, i.e. it will not get better.
(g) Mar Keshisha, Rav Chisda's son, citing R. Yochanan: Even if he stole a lamb or calf and it became a ram or bull, he acquires it through this change;

1. If he slaughtered or sold it, he slaughtered or sold his own animal (and is exempt from 4 or 5).

(h) Rav Ashi: R. Ila'a taught that law.