Translation:Shulchan Aruch/Choshen Mishpat/353

From Wikisource
Jump to navigation Jump to search

Paragraph 1- If the name of the stolen item changed while in the thief’s possession, such as where he stole a sheep and it became a ram or he stole a calf and it became an ox, the thief would acquire the item via the name change, and would only have to return the value of the stolen item. He would pay the value of what it was worth at the time it was stolen. The same is true for any similar change that does not revert back to its original state. If the change reverts back to its original state, however, the thief would not even acquire the item rabbinically. What is considered a change that reverts is discussed in Siman 360.

Paragraph 2- If the owners gave up hope on recovering the stolen item, the thief would not acquire it and he would need to return the item. If there is a name-change that will revert to its original state along with the giving up of hope, there are those who say the thief would acquire and would only need to return the value.

Paragraph 3- If there was a change of possession along with the giving up of hope, regardless of whether the giving up came first and the thief then stole it or if the giving up came after the sale- there are those who disagree. See below Siman 356- the thief would acquire with respect to the fact that he would not have to return the actual stolen item, but would just return the value, assuming the buyer purchased from a well-known thief. There are those who say the buyer would not need to give money because he has acquired the item completely. If the seller was not a well-known thief, the buyer would not need to give back the item or the value because of the “market-regulation” that is discussed in Siman 356.

Paragraph 4- Something is only considered a change of possession where the thief sells or gifts. If he dies and his children inherit, however, that would not be a change of possession because the domain of the inheritor is not like the domain of a buyer. This will be discussed in Siman 361. That Siman also discusses what is a change in possession.