Talmud Yerushalmi
Yerushalmi Bava Kamma 9:2 ירושלמי בבא קמא ט׳:ב׳
Part of: Chapter 9
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משנה: גָּזַל בְּהֵמָה וְהִזְקִינָה עֲבָדִים וְהִזְקִינוּ מְשַׁלֵּם כְּשָׁעַת הַגְּזֵילָה. רִבִּי מֵאִיר אוֹמֵר יֹאמַר לוֹ בָּעֲבָדִים הֲרֵי שֶׁלָּךְ לְפָנֶיךָ.
MISHNAH: If he robbed an animal and it aged, slaves and they aged25They do not look the same as at the time of the robbery and are not worth the same; the robber cannot return them but has to pay up., he has to pay their value at the time of the robbery. Rebbi Meīr says, he may say about slaves: Here is your property before you26Since slaves are treated according to the law of real estate (Mishnah Bava batra 3:1, Qiddušin 1:2 Notes 347 ff.) and real estate can never be acquired by a robber, for him a slave can never be acquired by a robber and ages as the original owner’s property..
MISHNAH: If he robbed an animal and it aged, slaves and they aged25They do not look the same as at the time of the robbery and are not worth the same; the robber cannot return them but has to pay up., he has to pay their value at the time of the robbery. Rebbi Meīr says, he may say about slaves: Here is your property before you26Since slaves are treated according to the law of real estate (Mishnah Bava batra 3:1, Qiddušin 1:2 Notes 347 ff.) and real estate can never be acquired by a robber, for him a slave can never be acquired by a robber and ages as the original owner’s property..
הלכה: גָּזַל בְּהֵמָה וְהִזְקִינָה כול׳. רַב הוּנָא אָמַר. בְּשֶׁגָּזַל עֵגֶל וְנַעֲשֶׂה שׁוֹר. אֲבָל גָּזַל שׁוֹר וְהִזְקִין אוֹמֵר לוֹ. הֲרֵי שֶׁלָּךְ לְפָנֶיךָ. שְׁמוּאֵל אָמַר. אֲפִילוּ גָּזַל עֵגֶל וְנַעֲשֶׂה שׁוֹר אוֹמֵר לוֹ. הֲרֵי שֶׁלָּךְ לְפָנֶיךָ. תַּנֵּי רַב קַרְנָא. וַאֲפִילוּ גָּזַל עֵגֶל וְנַעֲשֶׂה שׁוֹר וְטָבַח וּמָכַר מְשַׁלֵּם תַּשְׁלוּמֵי ד̇ וְה̇ עֵגֶל. אָמַר אָבוֹי דִשְׁמוּאֵל בַּר אִמִּי בְשֵׁם רַב יְהוּדָה. הֲלָכָה כְּרִבִּי מֵאִיר.
HALAKHAH: “If he robbed an animal and it aged,” etc. Rav Huna said, if he robbed a calf and it became a bull27This is a change in the nature of the animal; he cannot return it but must pay.; but if he robbed a bull and it aged, he tells him: Here is your property before you28In the Babli, 96b, Rav Pappa disagrees and holds that the weakened animal cannot be returned.. Samuel said, even if he robbed a calf and it became a bull, he tells him29He holds that it still is called cattle, not changed from the date of its birth.: Here is your property before you. Rav Qarna stated: Even if he robbed30One has to read “stole” since robbers are not under the law of quadruple or quintuple restitution. a calf and it became a bull before he slaughtered or sold it, he pays quadruple or quintuple the value of a calf31He follows Samuel that the bull is still the same animal as the calf. In the Babli, 65b, R. Ilai (La) is quoted as following the Mishnah and Rav Huna that the change of the calf into a bull is an essential change which lets the thief become the owner, not only the possessor, of the animal. If he slaughtered or sold the animal after it reached sexual maturity, he slaughtered or sold his own property and only pays double restitution for the theft.. The father of Samuel bar Immi said in the name of Rav Jehudah32The student of Samuel. In the Babli, 96b, the statement is in the name of Rav.: Practice follows Rebbi Meïr.
HALAKHAH: “If he robbed an animal and it aged,” etc. Rav Huna said, if he robbed a calf and it became a bull27This is a change in the nature of the animal; he cannot return it but must pay.; but if he robbed a bull and it aged, he tells him: Here is your property before you28In the Babli, 96b, Rav Pappa disagrees and holds that the weakened animal cannot be returned.. Samuel said, even if he robbed a calf and it became a bull, he tells him29He holds that it still is called cattle, not changed from the date of its birth.: Here is your property before you. Rav Qarna stated: Even if he robbed30One has to read “stole” since robbers are not under the law of quadruple or quintuple restitution. a calf and it became a bull before he slaughtered or sold it, he pays quadruple or quintuple the value of a calf31He follows Samuel that the bull is still the same animal as the calf. In the Babli, 65b, R. Ilai (La) is quoted as following the Mishnah and Rav Huna that the change of the calf into a bull is an essential change which lets the thief become the owner, not only the possessor, of the animal. If he slaughtered or sold the animal after it reached sexual maturity, he slaughtered or sold his own property and only pays double restitution for the theft.. The father of Samuel bar Immi said in the name of Rav Jehudah32The student of Samuel. In the Babli, 96b, the statement is in the name of Rav.: Practice follows Rebbi Meïr.