Bava Kamma - Daf 119
- Destroying an informer’s property
Rav Huna and Rav Yehudah argue about destroying ממון מסור – the property of an informer (i.e., one who informs extortionists about other people’s property). One held: מותר לאבדו ביד – it is permitted to destroy [his property] with one’s hand (i.e., directly), because לא יהא ממונו חמור מגופו – his money should not be more stringent than his body. Since it is permitted to kill him (Rashi quotes a Baraisa which permits lowering him into a pit to die), it stands to reason that his property may certainly be destroyed. The other held: אסור לאבדו – it is forbidden to destroy it, because דלמא הוה ליה זרעא מעליא – perhaps he will have righteous descendants, regarding whom the passuk says: "יכין רשע וצדיק ילבש" – the wicked one prepares and the righteous one clothes himself.
- Robbing someone is like taking his life
The passuk says: "כי מה תקות חנף כי יבצע כי ישל אלוה נפשו" – For what is the hypocrite’s hope when he steals, for Hashem will cast away his soul? Rav Huna and Rav Yehudah disputed its meaning. One said “his soul” refers to נפשו דנגזל – the robbery victim’s soul, meaning Hashem will “draw” the victim’s soul from the robber, i.e., punish him for taking his life. The other says it means נפשו דגזלן – the robber’s soul, that Hashem will “cast away” his soul. The Gemara cites pesukim supporting each opinion and explains how each addresses the other passuk. Rebbe Yochanan said: כל הגוזל את חבירו שוה פרוטה כאילו נוטל נשמתו ממנו – Anyone who steals a perutah’s worth from his fellow is as if he took his soul from him, as the passuk says: "כן ארחות כל בוצע בצע את נפש בעליו יקח" – Such are the ways of one who steals; he takes away its owner’s soul. Rebbe Yochanan quotes several other pesukim, and the Gemara explains that they teach greater novelties: it is also considered taking away his sons’ and daughters’ souls, it is considered taking away a life even if he pays when forcibly taking property, and even for indirectly causing a loss of sustenance: Shaul was punished for “killing” the Givonim, because he killed out Nov, the city of Kohanim, who had provided the Givonim with sustenance.
- Which leftover materials may be kept by the craftsman, and which belong to the owner
The final Mishnah lists materials left over from various crafts, such as threads removed by a launderer, tailor, and others, and teaches which belong to the craftsman (because the owner of the original material is not particular about them), and which belong to the owner. Shavings removed by small tools belong to the carpenter, but those removed by a hatchet belong to the owner. It concludes: ואם היה עושה אצל בעה"ב – If he was working on the owner’s [property], אף הנסרים של בעה"ב – even the sawdust from drilling belongs to the owner. The Gemara explains the details of these laws. A Baraisa discusses other workers: מסתתי אבנים אין בהם משום גזל – Those who chisel stones are not subject to theft and may keep the pieces they chisel off. Those who prune trees, grapevines, and thornbushes, or weed vegetation from among grain, or prune vegetables, בזמן שבעה"ב מקפיד עליהם – when the owner is particular about retaining [the pruned branches, etc.], יש בהן משום גזל – they are subject to theft, but if he is not, they are permitted to take.
