Bava Kamma 45A

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Text Excerpt

מכור, הקדישו מוקדש, שחטו ⁠– בשרו מותר, החזירו שומר לבית בעליו ⁠– מוחזר.

it is considered legally sold and belongs to the purchaser for all purposes. Similarly, if he consecrated it, it is halakhically consecrated, and all the halakhot of consecrated property apply to it. If he slaughtered it, one is permitted to eat its meat. If a bailee charged with safeguarding it returned it to its owner’s house before the verdict it is considered to be returned, and the owner has no further claim against the bailee.

משנגמר דינו ⁠– מכרו אינו מכור, הקדישו אינו מוקדש, שחטו ⁠– בשרו אסור, החזירו שומר לבית בעליו ⁠– אינו מוחזר. רבי יעקב אומר: אף משנגמר דינו ⁠– החזירו שומר לבעליו, מוחזר.

By contrast, once its verdict has been issued, if the owner sells it, it is not considered sold, since the ox is no longer his. Similarly, if he consecrates it, it is not considered consecrated. If he slaughters it, its meat is forbidden. If a bailee returns it to its owner’s house it is not considered to have been returned, since the ox is considered to have been killed. R' Ya’akov says: Even once its verdict has been issued, if the bailee returns it to its owner it is considered to have been returned.

לימא בהא קמיפלגי ⁠– דרבנן סברי: אין אומרין באיסורי הנאה ״הרי שלך לפניך״, ורבי יעקב סבר: אומרין באיסורי הנאה ״הרי שלך לפניך״?

The Talmud suggests: Let us say that they disagree about this: The Rabbis hold that with regard to items from which it is prohibited to derive benefit one does not say: That which is yours is before you, and no compensation is required. Once the deposited item was rendered forbidden, the bailee cannot return it as is to its owner, claiming that since it has not been physically damaged he has fulfilled his obligation to return it and therefore the owner has no further claims against him. And R' Ya’akov holds that one does say, with regard to items from which it is prohibited to derive benefit: That which is yours is before you.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.