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Text Excerpt
אית ליה דררא דממונא, ולההוא אית ליה דררא דממונא; הכא, אי דמר – לא דמר, ואי דמר – לא דמר.
he has financial involvement [derara], and for that one, i.e., the seller, he has financial involvement. Since each of them has a definite claim to owning the offspring, as each of them owned the cow or female slave at one point, it is reasonable for the court to divide the offspring between the two parties. By contrast, here, in the case of Rav Naḥman, if it belongs to this Master it does not belong to that Master, and if it belongs to that Master it does not belong to this Master. Only one of the two litigants has any claim to the property, as it belonged either to the ancestors of this one or of that one. Therefore, a ruling to divide it would not be appropriate.
אמרי נהרדעי: אם בא אחד מן השוק, והחזיק בה – אין מוציאין אותה מידו. דתני רבי חייא: גזלן של רבים לאו שמיה גזלן.
The rabbis of Neharde’a say: In a case where two parties disputed the ownership of a certain property and the court ruled that whoever is stronger prevails, if one from the marketplace who had no claim came and took possession of it, the court does not remove it from his possession, as R' Ḥiyya teaches (Tosefta, Bava Kamma 10:14): A robber of the public, meaning a robber whose victim is unknown, is not called a robber. Since it is unclear whom he robbed, no one is able to demand payment. Here too, since it is unclear whose property it is, neither can demand that it be taken from the robber.
רב אשי אמר: לעולם שמיה גזלן, ומאי ״לא שמיה גזלן״? שלא ניתן להשבון.
Rav Ashi said in disagreement: Actually, he is called a robber, and the property is taken from him, and what is meant by: He is not called a robber? It means that the stolen item is not subject to being returned, and consequently he is unable to fully atone, as he does not know whom to repay.