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Why does the ganav need both shinui ma'aseh and shinui Hashem (ה׳) to acquire the stolen object? The shiur argues that shinui ma'aseh creates ownership, but shinui Hashem blocks the victim's claim of harei sheloch lefanecha. This framework resolves the Gemara (גמרא)'s question about klei ben yomo, the Tosfos's challenge from pulling a tree, and explains why gazal chametz over Pesach (פסח) cannot be returned.
This shiur analyzes the complex sugya of shinui kinyan (change that creates acquisition) in Bava Kamma 56b, focusing on when a ganav (thief) acquires stolen property. The central question is why the Tur and Ramo require both shinui ma'aseh (change in essence) and shinui Hashem (ה׳) (change of name), when seemingly either should suffice. The Maharshal raises a fundamental difficulty from the Gemara (גמרא) itself. The Gemara rules that klei ben yomo (a utensil less than a day old) that becomes ayin (merely an object without utensil status) is NOT considered a shinui Hashem. If so, how can the Tur require both types of shinui when the Gemara explicitly states one case lacks shinui Hashem?
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Bava Kamma 56b
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