Sep 222016

More laws relating to dealings with non Jews – do you need to return items to non Jews, do you need to correct a mistake that he made in your favor?  Rava brings 5 laws that relate to how we view the halacha of Shmuel that the law of the land is the law – if a non Jewish regime takes money from one person when they weren’t the ones who owed the money (or not by Jewish law), is it considered that they own the money or not?  The mishna says if someone steals and gives you a different item in return, if the owner despaired of getting it in return, you can keep the item.  The mishna doesn’t distinguish between theft and robbery and it can be derived from the mishna that if we don’t know that the owners despaired, we assume they haven’t.  This (and a another mishna that is brought) seems to contradict Raba’s reading of a different argument in masechet keilim between Rabbi Shimon and the rabbis who each think that there is reason to distinguish between theft and robbery in this issue.  various answers are brought, among them they introduce a new opinion of Rebbi who equates the two.  The mishna also brought a a swarm of bees who fly into someone else’s property and that is discussed.  A woman and minor are believed in this case.  As a result, the gemara gets into a discussion of why they are believed in this case when in general we don’t accept their testimony.

Study Guide Bava Kamma 114

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