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If a stolen object physically changes (shinui) versus merely rising or falling in market value (yukra vizula), does the thief pay the value at the time of theft or the current value? The shiur analyzes the Tosafos (תוספות)-Rashi (רש"י) debate, explaining that Tosafos treats keishas gezeila as a sevara (monetary obligation fixed at theft), while Rashi links it to the pasuk requiring return of the physical object stolen, leading to fundamentally different approaches to valuation.
This advanced Gemara (גמרא) shiur on Bava Kamma 65a analyzes a fundamental dispute between Tosafos (תוספות) and Rashi (רש"י) regarding the principle of "kol hagazlan meshachlim keishas hagezeila" — that a thief pays according to the value at the time of theft. The core question is whether this principle applies equally to cases of shinui (physical change in the stolen object) and yukra vizula (market price fluctuation without physical change). The Gemara discusses Rav's statement that appears to simply restate the Mishna's principle. Tosafos raises the question: what is Rav adding? Tosafos suggests that perhaps the Mishna only addresses shinui cases, where the object physically changes (like a lamb growing into a ram), while Rav's chiddush extends the principle to yukra vizula, where the object remains physically identical but its market value changes.
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Bava Kamma 65a
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