For some reason, my son will tell a lie and when he is called out on it he says “I was joking.” (I like to say, “no your were lying.”) Sometimes there is a thin line between what’s okay and what’s not. Today’s daf has me asking: What is the line between stealing and borrowing?
The Gemara relates: There was a certain man who robbed another of a pair [padna] of oxen. He then went and plowed his field with them, and sowed seeds with them, and eventually returned them to their owner.
Here, the robber took the oxen, plowed his field, and then brought them back. What does he owe? The oxen haven’t depreciated in value. The originals have been returned . . . . is this really theft or just borrowing (without asking)?
The robbery victim came before Rav Naḥman to claim payment from the robber. Rav Naḥman said to the robbery victim and the robber: Go estimate the amount by which the value of the land was enhanced during the time that the pair of oxen was in the possession of the robber, and the robber must pay that amount. Rava said to Rav Naḥman: Did the oxen alone enhance the value of the land? Did the land not become enhanced in and of itself? Perhaps not all of the enhanced value of the land was due to the labor performed by the oxen. Rav Naḥman said: Did I say that they should estimate and give him all of the enhanced value? I said only half.
So, Rav Nahman is estimating how much the land was enhanced by this theft and then wants to give the owner of the oxen half of that estimate. However, we learned a hard and fast rule on theft:
Rava said to him: Ultimately, it is a stolen item and is returned as it was at the time of the robbery, as we learned in a mishna: All robbers pay according to the value of the stolen item at the time of the robbery.
We learned that when someone steals, they repay according to the value of the item/animal at the time it was taken. Here, they gave it back without a decrease in value! They shouldn’t owe anything!
Rav Naḥman said to Rava: Didn’t I tell you that when I am sitting in judgment, do not say anything to me, i.e., do not question or comment upon my rulings. An indication that my rulings should not be questioned is as our friend Huna has said about me, that King Shapur and I are brothers with regard to monetary laws, i.e., with regard to monetary laws, my opinion is equal to that of Shmuel. This man is an experienced robber, and I wish to penalize him. Therefore, I compelled him to pay the enhanced value, although by right he is not obligated to do so.
So, it’s not the rule – but it’s what’s right!
Sometimes that is true. What’s right is not always what the law says.