Study Bava Kamma folio 118A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
פרה רבוצה בו, ושטפה נהר; דרבי אלעזר לטעמיה, ורבנן לטעמייהו.
a prone cow in it, and a river washed it away. R' Elazar conforms to his standard line of reasoning, as he maintains that land is included in the category of items that are not subject to the halakhot of robbery. Consequently, the robber acquires the land and simultaneously becomes liable to return it. Since he acquires the land, he acquires the cow that is on the land as well, and is liable to compensate its owner when it gets washed away by the river. And the Rabbis conform to their standard line of reasoning, as they hold that land was excluded by the verse. Therefore, the robber does not acquire the land and also does not acquire the cow.
מתני׳ הגוזל את חבירו או שהלוה הימנו או שהפקיד לו, בישוב – לא יחזיר לו במדבר. על מנת לצאת במדבר – יחזיר לו במדבר.
Mishnah: With regard to one who robs another or who borrowed money from him, or one with whom another had deposited an item, if any of these interactions took place in a settled area, he may not return the item to him in an unsettled area, where it is of little benefit to the owner and he cannot safeguard it. If the loan or deposit was given on the condition that the recipient may go out and return it to the owner in an unsettled area, he may return it to him in an unsettled area.
גמ׳ ורמינהו: מלוה משתלמת בכל מקום, אבידה ופקדון אין משתלמין אלא במקומן! אמר אביי, הכי קאמר: מלוה ניתנה ליתבע בכל מקום, אבידה ופקדון לא ניתנו ליתבע אלא במקומן.
Talmud: The Talmud raises a contradiction to the Mishnah from a baraita: A loan may be repaid in any location, while a lost item and a deposit are returned only in their location, i.e., the same type of place, settled or unsettled, where they were found or received. Abaye said: This is what the baraita is saying: A loan may be claimed by the creditor in any location. Yet, if the borrower initiates the process of repaying the loan in an unsettled area, the creditor may refuse to accept the repayment until they reach a settled area. Conversely, a lost item and a deposit may be claimed only in their location.