Suspicious goods

 

Today’s daf TB Baba Kamma 118 warns people to be suspicious of buying stolen goods.

“MISHNA: One may not purchase wool, milk, and kids from the shepherds who tend the flocks of others, due to the concern that they have stolen these items from the owners of the flocks. And similarly, one may not purchase wood and produce from produce watchmen.” (Sefaria.org translation) Shepherds graze their sheep away from civilization and from the watchful eyes of the herd’s owner. If a person feels needs a watch person, the field must be away from the fields owner’s house. The purchaser needs to be suspicious that the shepherd and the watchmen has taken advantage of the owners lack of knowledge to sell the wool, milk, kids, wood, or produce they don’t own.

The Mishna continues to cite cases the purchaser doesn’t have to be suspicious of buying stolen goods. “But one may purchase from women woolen goods in Judea, and linen goods in the Galilee, and calves in the Sharon, as women in these locations often work with those commodities and it can be assumed that they are selling the items with the owner’s consent. And with regard to all these items, in a case where the seller told the buyer to conceal the purchase, it is prohibited, as there is good reason to suspect that the items are stolen. And one may purchase eggs and chickens from everywhere, as it is unlikely that one would steal and sell these commodities.” (Sefaria.org translation)

The Gemara continues to distinguish what a person may buy without hesitation and not buy for fear of purchasing stolen goods.

“The Sages taught in a baraita (Tosefta 11:9): One may purchase from shepherds neither goats, nor kids, nor fleeces, nor torn pieces of wool, but one may purchase sewn garments from them, because they are presumed to be theirs. And one may purchase milk and cheese from them in an unsettled area, but not in a settled area.”

The basic assumption why a person may buy milk and cheese from the shepherd in the desert is simple. Returning the milk and cheese from the desert to the owner’s house is difficult. Either schlepping it back home is hard or by the time these milk products are returned they would have spoiled. Consequently, we assume either the owner has awarded the shepherd these products to keep and sell as his own or come to some agreement that the money shepherd collected for the milk and cheese will be returned to the owner of the sheep.

“And one may purchase from them four or five sheep or four or five fleeces at a time, because it is unlikely that a shepherd would risk stealing such a significant quantity at once. But one may not purchase two sheep, and similarly, one may not purchase two fleeces at a time, as it is reasonable to assume that the shepherd would attempt to steal this amount from the owner.

“The baraita continues: Rabbi Yehuda says: One may purchase domesticated animals from them, as it is unlikely that the shepherds would steal them from their owner, who would notice if they did not return home. Conversely, one may not purchase desert, i.e., non-domesticated, animals from them, as it is more likely that a shepherd would steal these animals. The principle of the matter is that with regard to anything that the shepherd sells and the owner would perceive its absence if it were stolen, one may purchase it from them. But if the owner would not perceive its absence, one may not purchase it from them.” (Sefaria.org translation)

The bottom line for the consumer is use your common sense. If the deal smells funny, don’t buy the product.