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Sukah 30
1) [line 2] PISE'ACH - a lame animal
2) [line 5] YE'USH (With regard to theft; SHINUY RESHUS; SHINUY MA'ASEH;
SHINUY HA'SHEM)
(a) A thief becomes liable for a stolen item (such that if it is destroyed,
he must reimburse the owner) when he makes a Ma'aseh Kinyan on the item (a
formal Halachically-binding act denoting a change in ownership). Similarly,
when he makes a Ma'aseh Kinyan on the item, he acquires it to the extent
that if the owner gives up hope of ever getting it back, and the object
becomes "changed" (Shinuy) from its original state, he need not return the
object itself, but rather its value.
(b) The Amora'im argue with regard to the methods with which a thief
acquires a stolen object such that he may return its value (and he need not
return the object itself).
1. YE'USH (Giving up hope)
There is an opinion that "Ye'ush" alone is enough to grant the thief
ownership of the stolen object.. Ye'ush means that the owner gives up hope of
ever getting back his object from the thief, and verbally acknowledges that
the loss is irretrievable ("Vai Li l'Chisaron Kis").
2. SHINUY MA'ASEH (A "change" in the use of the object)
There are opinions that Ye'ush alone is *not* enough for the thief to
acquire the object, unless the thief effects a "change" (Shinuy) in the
object. This applies even to a small Shinuy that does not entirely transform
the object, such as affixing the object with clay in a certain place.
However, the Shinuy must be irreversible, i.e. it is not "Chozer
li'Veriyaso."
3. SHINUY HA'SHEM (A "change" in the object's title or description)
Similarly, according to the latter opinions, Ye'ush grants the thief
ownership of the stolen object together with a Shinuy ha'Shem. Shinuy
ha'Shem means that the classification of the item has changed and it is
henceforth called by a different name, such as when pieces of wood that were
stolen and used to cover the roof of a Sukah become called "Sechach."
4. SHINUY RESHUS (A "change" in ownership)
These Amora'im also rule that Ye'ush works together with a Shinuy Reshus.
When a thief sells or gives the object to another person after Ye'ush, that
person acquires full ownership of the object, and is not required to return
it to the previous owner.
5. SHINUY (Transformation of the object)
If a significant change is effected in the object such that it no longer
serves its original purpose, the thief acquires the object to the extent
that he may keep it and return its value even *before* Ye'ush. This is
learned from the verse, "v'Heishiv Es ha'Gezeilah Asher Gazal." Only when
the object is "Asher Gazal," - "as he stole [it]," is the thief required to
return the object itself (Bava Kama 66a).
3a) [line 12] BEIS HA'MECHES - a customs-house (located at the border)
b) [line 13] MOCHSIM - tax-collectors
4) [line 15] YAVRICHU - to hide their goods, to smuggle
5) [line 27] AVANKEREI - (O.F. merciers) peddlers of small wares
6) [line 27] KI ZAVNISU ASA - when you buy Hadasim (myrtles)
7) [line 27] ATUN - you
30b---------------------------------------30b
8) [line 1] KARKA EINAH NIGZELES
(a) A thief becomes liable for a stolen item (such that if it is destroyed,
he must reimburse the owner) when he makes a Ma'aseh Kinyan on the item (a
formal Halachically-binding act denoting a change in ownership). Similarly,
when he makes a Ma'aseh Kinyan on the item, he acquires it to the extent
that if the owner gives up hope of ever getting it back, and the object
becomes "changed" (Shinuy) from its original state, he need not return the
object itself but rather its value. However, with regard to plots of land,
slaves and legal documents (Shetaros), there are Tana'im who learn from the
verses that these laws of theft do not apply. In that sense, they cannot be
Halachically stolen (Bava Kama 117b).
(b) Similarly, those Tana'im maintain that the negative commandment of Lo
Sigzol does not apply to the theft of land for it cannot be Halachically
stolen. (However, there are some Rishonim who explain that the exemption
from the Lav of Lo Sigzol is not connected to the verses that exclude land
from the Halachic aspects of Kinyanei Gezeilah. Rather, it is simply
impossible to grasp land and take it out of the possession of its owner,
which is the defining factor of Lo Sigzol. It is not a movable item that can
be taken away from its owner. According to these Rishonim, sometimes the
Lav of Lo Sigzol applies even with regard to land, and all the more so with
regard to slaves and legal documents -- see Insights to Sukah 31a).
9) [line 3] SHINUY HA'RESHUS
See above, entry #2(b) 4.
10) [line 6] SHINUY MA'ASEH
See above, entry #2(b) 2.
11) [line 6] LULAV EIN TZARICH EGED
(a) There is a Mitzvah to take four species on Sukos, as it states in the
Torah (Vayikra 23:40). The four species are the Pri Etz Hadar (Esrog,
citron), Kapos Temarim (Lulav, closed palm branch), Anaf Etz Avos (three
Hadasim, myrtle branches) and Arvei Nachal (two Aravos, willow branches).
(b) There is an argument among the Tana'im as to whether three of the
species (the Lulav, Hadasim and Aravos) must be tied together in an Eged (a
bunch) in order to fulfill the Mitzvah. Those who rule that Lulav Tzarich
Eged, learn this Halachah through a Gezerah Shavah between the verse of the
four species and the verse of the Agudas Ezov (see Background to Sukah
11:13), using the word "u'Lekachtem" as the linking word. All opinions agree
that l'Chatchilah the three species should be tied, since they look nicer
that way (Gemara 11b).
12) [line 8] SHINUY HA'CHOZER LI'VERIYASO - a "change" (Shinuy) in an item
that is easily reversible -- see above, entry #2(b) 2.
13) [line 9] SHINUY HA'SHEM
See above, entry #2(b) 3.
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