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1) DOES "SHINUY" ACQUIRE A STOLEN OBJECT ACCORDING TO R. MEIR?

(a) (Mishnah): If he stole a pregnant cow and it gave birth...
(b) (Beraisa - R. Meir): One who stole a sheep and sheared it, or a cow and it gave birth - he pays for it and its shearings and children;

1. R. Yehudah says, he returns the stolen animal itself;
2. R. Shimon says, we view what the animal was worth at the time of the theft.

(c) [Version #1 - Question: What is R. Meir's reason?

1. Does he hold, change in an object does not acquire it?
2. Or - does he hold, change acquires - here, we fine the thief so he will not profit from his sin.
3. Question: What difference does it make which way he learns?
4. Answer: If a stolen animal declined in value.

(d) Answer #1 (Mishnah): A thief stole an animal or slaves and they grew old - he pays as the time of the theft;

1. R. Meir says, by slaves he says 'behold, here are your slaves'.
2. Inference: By animals, R. Meir agrees, he pays as the time of the theft;

i. If he held that change does not acquire, he should also say by animals behold, here are your animals!
ii. Rather, he must hold, change acquires - when the stolen object rises in value, we fine the thief so he does not profit.

(e) Rejection: No - R. Meir speaks according to Chachamim's opinion.

1. I hold, change does not acquire a stolen object, even by animals, he can say 'behold, here is your animal';
2. You hold, change acquires - but you should admit by slaves, they are equated to land, they cannot be stolen!
3. Chachamim say, no - slaves are not as land.

(f) Answer #2 (Mishnah - R. Meir): Reuven gave wool to Shimon to dye red, and he dyed it black, or vice-versa - Shimon pays him the value of the wool he received.

1. Inference: He only pays the value of the wool, not the added value of dyed wool.

i. If he held that change does not acquire, he should pay for dyed wool!
ii. He must hold, change acquires (and in the Beraisa, we fine the thief).]

(g) [Version #2: Clearly, R. Meir holds that change acquires, from the fact that Rav switched the opinions in the Mishnah.

1. (Rav's version of the Mishnah - R. Meir): A thief stole an animal or slaves and they grew old - he pays as the time of the theft; 2. Chachamim say, by slaves he says 'behold, here are your slaves'.

i. In our Beraisa, R. Meir fines the thief so he will not profit.]

(a) Question: Does R. Meir only fine an intentional thief, or even one who unintentionally took another's animal (e.g. he bought it from the thief)?
(b) Answer #1 (Beraisa): Five payments are only collected from free property (i.e. there is no lien on it):

1. Produce (explained below);
2. Improvements (explained below);
3. One who accepts to feed his wife's child (from a previous husband);
4. A loan for which the document does not put a lien on land;
5. A Kesuvah which does not put a lien on land.
6. Question: Who is the Tana of this Beraisa, who holds that a document does not automatically put a lien on land?
7. Answer: R. Meir - and the Beraisa lists produce and improvements.
8. Question: What is the case of produce and improvements?
9. Answer: Reuven stole Shimon's land and sold it to Levi, who improved it. When Shimon takes back the land, Levi can collect what he paid from Reuven's mortgaged property (there is a lien on it), and the value of his improvements from Reuven's free property.

10. Suggestion: The Mishnah speaks of an ignoramus who does not know whether land is (legally considered) stolen, and still Shimon collects the land and its improvements.

i. This teaches that R. Meir fines even in an unintentional case!

(c) Rejection: No, the Mishnah speaks of a Chacham (who knows that land is not stolen).
(d) Answer #2 (Mishnah - R. Meir): Reuven gave wool to Shimon to dye red, and he dyed it black, or vice-versa - Shimon pays him the value of the wool he received.

1. Inference: He only pays the value of the wool, not the added value of dyed wool.

i. If R. Meir fines even in an unintentional case, Shimon should pay for dyed wool!
ii. We conclude that R. Meir only fines by intentional theft.

(a) (Beraisa - R. Yehudah): He returns the stolen animal itself;

1. R. Shimon says, we view the thief as one watching an animal whose value was assessed (at the time of the theft).

(b) Question: On what do they argue?
(c) Answer #1 (Rav Zvid): Improvements that are on the stolen object.

1. R. Yehudah holds that the owner keeps the improvements; R. Shimon holds that the thief gets them.

(d) Answer #2 (Rav Papa): All agree, the thief receives improvements on the stolen object;

1. R. Yehudah holds that the thief keeps all the improvements; R. Shimon holds that the thief keeps a half, third or quarter (as people that raise animals normally receive).

(e) (Mishnah): If he stole a cow, and it became pregnant and gave birth, or a sheep, and it became laden with wool and he sheared it, he pays the value at the time he stole it.

1. Inference: Had it not given birth, he would return the cow itself.

(f) We understand according to Rav Zvid - the Mishnah is as R. Yehudah, who says that the owner gets all improvements on the stolen object.
(g) Question: According to Rav Papa, all agree that the thief gets (at least part of) the improvements - the Mishnah is not as either Tana!
(h) Answer: Rav Papa explains, even had it not given birth, he pays the value at the time he stole it (the Mishnah is as R. Yehudah, who says that the thief gets all improvements);

1. The Mishnah said that it gave birth for parallel structure to the previous case.
2. Support (for Rav Papa - Beraisa - R. Shimon): We view the animal as if its value was assessed (at the time of the theft) as for one who watches an animal to keep a half, third or quarter of the improvement.

(i) Question (Rav Ashi): R. Shimon says that the thief gets a half, third or quarter of the improvement - does he get money, or can he demand some of the meat of the animal?
(j) Answer (Rav Ashi): We learn from Shmuel.

1. (Shmuel): In 3 cases, we evaluate the improvements and they are paid with money:

i. A firstborn who gets an extra share of property which all the brothers improved after the father died (he pays their share of the improvements);
ii. A creditor who takes land from people who bought from the borrower (he pays for the improvements they made);
iii. A creditor who takes land from the orphans of the borrower.

2. (R. Chananel, brought in Rashba - in all other cases, the improvements are collected from the matter itself; Tosfos - a thief receives money, just as these cases).

(k) Question (Ravina): Did Shmuel really say that a creditor pays for improvements made by one who bought from the borrower?!

1. Contradiction (Shmuel): A creditor collects (and keeps) the improvements (made by the buyer).

(l) [Version #1 (Rashi) Answer (Rav Ashi): The creditor pays the buyer for produce which has grown fully and is ready to be harvested.
(m) [Version #2 (Tosfos) Answer (Rav Ashi): He pays for improvements which can later be taken from the field (i.e. produce that is not fully ripe).
(n) [Version #3 (R. Tam) Answer (Rav Ashi): He pays for improvements which came through toil.
(o) Question (Ravina): But in many cases Shmuel ruled that the creditor gets such improvements without paying!
(p) Answer (Rav Ashi): He only pays when the value of the improved land is more than he was owed.
(q) Question (Ravina): Shmuel only fits according to the opinion that even if the buyer has money, he cannot pay the loan and keep the land;

1. But according to the opinion that if the buyer has money, he can pay the loan and keep the land - the buyer should be able to say, consider the money you must pay for the improvements as partial payment of the loan, and leave me that amount of land!

(r) Answer (Rav Ashi): The case is, the borrower made the land an Apotiki, i.e. the debt will only be collected from the land (not from money).