Thursday, February 29, 2024

Stolen goods? TB Baba Kamma 119

With today’s daf TB Baba Kamma 119 we conclude our massekhet! Even though the Mishna on daf TB Baba 118b prohibits purchasing objects from some people for the fear that they are stolen, today’s daf limits this prohibition to suspicious circumstances.

The Sages taught (Tosefta 11:8): With regard to produce watchmen, one may purchase produce from them when they are sitting and selling the produce, and the baskets are before them and the scales [veturtanei] are before them, as in these circumstances it is reasonable to assume that they are not selling stolen merchandise. But in all cases where they said to the buyer: Conceal your purchase, it is prohibited to purchase from them, as there is good reason to suspect that the merchandise is stolen. The baraita adds: One may purchase from a watchman from the entrance of the garden, but not from the back of the garden, because if the produce is being sold inconspicuously, there is a concern that it might have been stolen.” (Sefaria.org translation) A modern comparison in my mind would be buying something out in the open on the sidewalk where the public walk including policeman on their beat as opposed to buying something out of sight from the trunk of a car. I remember on my way to the Statue of liberty, somebody was hawking his goods on the sidewalk saying his watches were “fresh off the truck.” Was he kidding or was he suspiciously selling stolen goods? I’ll leave this question as a תֵּיקוּ-Tayku, a unresolved question.

Context is also important. “When Ravina arrived at Bei Meḥoza, the women of Bei Meḥoza came and tossed chains and bracelets before him so that he could distribute the jewelry as charity, and he accepted it from them. Rabba Tosfa’a said to Ravina: But isn’t it taught in the baraita: Charity collectors may accept something worth a small amount from women, but not something worth a large amount? (The fear was that these wives did not have their husbands permission to give away expensive jewelry. Without permission these women would be considered stealing. -gg) How can you accept jewelry, which is worth a significant sum? Ravina said to him: For the residents of Meḥoza, these chains and bracelets are considered something small, and it is therefore permitted for me to accept them.” (Sefaria.org translation) I guess Meḥoza could have been the Beverly Hills of its time.

Tomorrow we begin massekhet Baba Mertzia!

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