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Bava Kama Chart #13

Bava Kama Daf 103b-104a

THE HALACHOS OF RETURNING A STOLEN ITEM
WHEN ONE STOLE FROM ONE OF FIVE PEOPLE,
AND WHEN ONE STOLE FROM ONE PERSON
  (A)
REBBI AKIVA		 (B)
REBBI TARFON
1) HE STOLE FROM
ONE OF FIVE PEOPLE
(Ikar ha'Din)(1)		 He must compensate each of the five people(2) He may leave the item in front of them(3)
2) HE STOLE FROM
ONE OF FIVE PEOPLE
(Lifnim mi'Shuras ha'Din)(4)		 He must compensate each of the five people He must compensate each of the five people
3) HE STOLE FROM ONE PERSON, WHOSE IDENTITY HE KNOWS, BUT HE DID NOT MAKE A SHEVU'AH(5) He leaves it in his domain(6) He leaves it in his domain(6)
4) HE STOLE FROM ONE PERSON, WHOSE IDENTITY HE KNOWS, AND HE MADE A FALSE SHEVU'AH(5) He must bring it to the owner(7) He must bring it to the owner(7)
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FOOTNOTES:
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 (1) There is no difference in this case between a thief who makes a false Shevu'ah and one who does not make a Shevu'ah.
(2) This applies whether or not he makes a false Shevu'ah. When he does not make a false Shevu'ah, the reason he must give the item (or its value) to each of the five people is because of a penalty which the Rabanan levied on him. This penalty applies only when he *stole* from one of five people, since he transgressed an Isur. When he *bought* an item from one of five people (and he does not know who the seller was), since he transgressed no Isur the Rabanan did not penalize him and he may leave the money in front of them.
(3) This applies whether or not he makes a false Shevu'ah. When he makes a false Shevu'ah, the reason it suffices to leave the item in front of the five people is because of "Takanas ha'Shavim," similar to the reason why, in our Mishnah, the Rabanan instituted that it suffices to give the stolen object to the Shali'ach of Beis Din (see Rashi 103b, DH Avud).
(4) This refers to a case of one who admits on his own accord that he stole from one of five people. Such a person certainly wants atonement, and he is prepared to act beyond the requirement of the law (Rashi, beginning of 104a). (It is logical to assume that this ruling, too, applies only to a thief and not to a purchaser. Since a purchaser transgressed no Isur, there is no need for him to do something in order to acquire atonement and exempt himself from punishment; see above, footnote #2.)
(5) In this case, there is no difference between the "Ikar ha'Din" and "Lifnim mi'Shuras ha'Din."
(6) Since he informed the owner that the item is in his domain, it is as if the owner has said to him, "Let it stay in your domain until I come to take it."
(7) This is the Halachah of our Mishnah.

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