Yerushalmi Bava Kamma 10:3 ירושלמי בבא קמא י׳:ג׳

MISHNAH: If one recognizes his own vessels or books in the hand of another⁴²And he can prove that they were his., if the theft was a known fact in town, [the other] shall swear to him how much he paid and take this amount⁴³The owner can force the present owner to sell him his heirlooms for the price which he had paid to thief or fence.. Otherwise⁴⁴If the police had not been notified of the theft. he⁴⁵The person who claims that his property was in the hand of another. cannot be believed, for I am saying that he had sold the items to a third party and the other had bought them from there.

HALAKHAH: “If one recognizes his own vessels or books,” etc. Rebbi Abba bar Mamal said, it would have been correct that they should not have to swear⁴⁶There certainly is no biblical reason why the case should be treated differently from any other claim about money.. Why did they say they have to swear? That homeowners should not be fences⁴⁷If thieves find no buyers they will stop stealing.. Rebbi Joshua ben Levi said, only if it was a known fact that his books had been stolen⁴⁸The claimant can only force an oath on the owner of his books if the theft of specific books was made public.. Rav said, he has to bring proof that he stayed there⁴⁹If the prior owner was not at his place at the time of the theft, one might suspect that the theft occurred with the owner’s connivance. This does not mean that he has no chance of getting back his books through a regular suit, but the rules of the Mishnah cannot be applied. the night in question. Assi said, if he claims: “I bought them from X,” he is to be believed⁴⁹If the prior owner was not at his place at the time of the theft, one might suspect that the theft occurred with the owner’s connivance. This does not mean that he has no chance of getting back his books through a regular suit, but the rules of the Mishnah cannot be applied.. A case came before Rebbi Nasa and he did not accept it. Does he disagree? They said, he was a known troublemaker⁵⁰Explaining the hapax דעקין from Arabic ذعق “to produce fear by shouting”, cf. Hebrew צעק.; therefore he did not accept the case⁵¹Since the Mishnah puts it into the hands of the judge to decide when a theft “is publicly known”, it can be read as allowing judicial discretion in deciding whether a case look legitimate or not..