Question: Why do Beis Shamai forbid?

Answer: The verse (forbidding a Korban that was a harlot's wages or was traded for a dog) says "also", to include what they are transformed into.

Beis Hillel explain, they are forbidden, but what they are transformed into is not.

Beis Shamai explain, they are forbidden, but their offspring are not.

Beis Hillel say that both are excluded.

Question: What do Beis Hillel learn from "also"?

This is left difficult.

(Abaye taught that also R. Eliezer ben Yakov, R. Shimon ben Elazar, and R. Yishmael hold that Ein Shinuy Koneh. The coming three Beraisos show this.)

(Beraisa - R. Eliezer ben Yakov): If Reuven stole wheat, ground it, kneaded and baked it and separated Chalah from it, his Berachah only angers Hash-m;

"A thief who blesses, blasphemes."

(Beraisa - R. Shimon ben Elazar): The general rule is, whatever improvement a thief made on a stolen object, he has the upper hand. He may keep the improvement, or say 'here is your object.'

Question: What does this mean?

Answer (Rav Sheshes): If he improved it, he receives the added value; if he decreased its value, he returns the object and says 'here is your object', since he did not acquire it.

Question: If so, when he improved it, why does he receive the added value?

Answer: That is an enactment to facilitate repentance of thieves.

(Beraisa): Pe'ah should be designated and not harvested. If it was harvested, one separates (the amount that should have been left) from the sheaves (and gives it to the poor). If he did not do so, he separates from the stack before Miru'ach (final processing);

If Miru'ach was already done, he separates the proper amount, takes Ma'asros on it, and gives it to the poor.

R. Yishmael says, even if he made a dough, he separates from the dough and give to the poor (he still did not acquire it).

Objection #1 (Rav Papa): Do all these Tana'im hold like Beis Shamai?!

Answer (Abaye): No, they say that Beis Hillel agree that Ein Shinuy Koneh.

Objection #2 (Rava): We need not say that they hold that Ein Shinuy Koneh!

Perhaps R. Shimon ben Yehudah says only that dying does not acquire because it can be removed through soap!

Perhaps Beis Shamai say that Ein Shinuy Koneh only regarding a Korban, because it is despised (since it was once a harlot's wages)!

Perhaps R. Eliezer ben Yakov says that Ein Shinuy Koneh only regarding Berachah, because the Mitzvah came through a sin!

Perhaps R. Shimon ben Elazar says only that a reversible Shinuy does not acquire!

Perhaps R. Yishmael says that Ein Shinuy Koneh only regarding Pe'ah, because the verse says an extra "leave" (for the poor).

Question: R. Yishmael should learn from Pe'ah to elsewhere that Ein Shinuy Koneh!

Answer: We cannot learn from gifts to the poor, like R. Yonasan taught:

Question #1 (R. Yonasan): What is R. Yishmael's reason?

Does he hold that normally, Ein Shinuy Koneh?

Or, perhaps he normally holds that Shinuy Koneh.

Question #2: If he normally holds that Ein Shinuy Koneh, why does the verse repeat "leave"? How do Chachamim expound this?

Answer (Beraisa): If one declared his vineyard Hefker and harvests it, he must leave Peret (grapes that fall during harvesting), Olelos (deficient clusters), Shichechah (what was forgotten in the vineyard) and Pe'ah for the poor, but he is exempt from Ma'asros.

(Rav Yehudah citing Shmuel): The Halachah follows R. Shimon ben Elazar.

Question: Elsewhere, Shmuel taught differently!

(Shmuel): We do not make an evaluation (of an animal that died) for thieves or Gazlanim (because they acquire the carcass), only for damages.

Answer #1 (for Rava): R. Shimon ben Elazar said only that a reversible Shinuy does not acquire;

However, Abaye says that R. Shimon ben Elazar holds that even an irreversible Shinuy does not acquire!

Answer #2 (for Abaye): Shmuel said that some rule like R. Shimon ben Elazar, but he himself does not.

(R. Chiya bar Aba citing R. Yochanan): Mid'Oraisa, one who changes a stolen object must return it - "he will return the stolen object that he stole", even if it changed;

The Mishnah says that he acquires it. This is an enactment to facilitate repentance of thieves.

Question: Did R. Yochanan really say that?!

(R. Yochanan): The Halachah follows an anonymous Mishnah.

(Mishnah): If he dyed the shearings before giving them to a Kohen, he is exempt.

Answer (R. Yakov): R. Yochanan holds that our Mishnah discusses stealing smooth wood, so making Kelim is a reversible change. (This acquires only mid'Rabanan. An irreversible Shinuy acquires mid'Oraisa.)

(Beraisa): If thieves or people who collected Ribis want to return what they took, we do not accept from them. Chachamim are unhappy with one who accepts from them.

(R. Yochanan): This was taught in Rebbi's time.

(Beraisa): A case occurred in which a thief wanted to repent. His wife dissuaded him, for then he would need to return even his belt!

It was then enacted not to accept from thieves or people who collected Ribis who want to return what they took.

Question (Beraisa): If a man died, and left to his orphans money that he collected for Ribis, even if they know this, they need not return it.

Inference: They need not return it, but their father would need to return it!

Answer: Really, even their father is exempt. The Beraisa discusses them for parallel structure to the Seifa.

(Seifa): If their father left them a cow, garment or any specific item, they must return it due to the honor of their father.

Question: Why should they need to return it for the honor of their father?!

"Do not curse a Nasi of your nation" refers to one who acts like your nation (but we are not concerned for honor of the wicked)!

Answer: We can answer like Rav Pinchas answered (elsewhere). The case is, the father repented.

Question: If he repented, he should have returned it!

Answer: He died before he was able to.

Question (Beraisa): Thieves or people who lent on Ribis, even if they collected, they return it.

Question: The expression 'collected' does not apply to thieves!

Correction: The Beraisa means, thieves, i.e. people who lent on Ribis, even if they collected, they return.

Answer: They return, but the borrowers do not accept.

Question: If so, why does the Beraisa tell them to return it?

Answer: Through offering to return it, they fulfill their obligation b'Yedei Shamayim.

Question (Beraisa): It is difficult for shepherds (they graze their animals in others' fields) and tax collectors (who take more than they should) to repent;

They must return to the people from whom they know that they stole.

Answer #1: They return, but (the ones they stole from) do not accept.

Question: If so, why does the Beraisa tell them to return it?

Answer: Through offering, they fulfill their obligation b'Yedei Shamayim.

Question #1: If so, why is it hard for them to repent?

Question #2 (Seifa of Beraisa): To atone for those that they do not know, they pay for public needs;

(Rav Chisda): They build pits to store water.

Answer #2: This Beraisa was before the enactment.

Answer #3: We can even say that the Beraisa is after the enactment. Rav Nachman taught that if they still have the stolen object, they must return it.