Bava Kamma 67A

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Text Excerpt

הא לאו הכי ⁠– הדר בעיניה! אמר רב יוסף: מריש ⁠– שמו עליו, דתניא: ״צלעות הבית״⁠ – אלו המלטטין, ״והעבים״⁠ – אלו המרישות.

One can infer: But if were not for this decree, the beam would have to be returned to the owner as is, notwithstanding its change in name. Rav Yosef said: This is not a genuine change in name, as a beam retains its name even after it is inserted into a building. As it is taught in a baraita with regard to two obscure terms: The verse states: “And there were narrow windows and palm trees on the one side and on the other side, on the sides of the porch; there were also the tzalot of the house, and the ubbim” (Ezekiel 41:26). “Tzalot of the house”; these are the casings [hamaltetin]. “And the ubbim”; these are the beams [hamerishot]. This shows that a beam can retain its name even after it has been built into a house.

רבי זירא אמר: שינוי החוזר לברייתו ⁠– בשינוי השם ⁠– לא הוי שינוי.

R' Zeira said a different answer: With regard to a change in name, a change in which the item can revert to its original state is not considered enough of a change for the thief to acquire the stolen item. Since the joist can be removed and revert to being called a beam, it is not considered a true change of name.

ושינוי השם שאינו חוזר לברייתו, מי הוי שינוי? והרי צינור ⁠– דמעיקרא ״קציצתא״ והשתא ״צינורא״, ותניא: צינור שחקקו ולבסוף קבעו ⁠– פוסל את המקוה.

The Talmud asks: And is a change in name in which the item does not revert to its original state really considered a change? But there is the case of a water duct, where it was initially called a log [ketzitzta] and now it is called a duct, and it is taught in a baraita: A duct that one hollowed out and afterward attached to the ground or to a building invalidates a mikveh through the water it channels to the bath. The water in a mikveh must be gathered directly from rain or a stream, not drawn with vessels. If one hollowed out a log and used it to channel water into the bath, this is considered drawn water, as he used a vessel.

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.