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BAVA METZIA (IYUN)

Bava Metzia 5b โ€” Iyun

Does Stealing Require Intent to Steal?

Part of Bava Metzia (Iyun) · 3:31

A short sugya asking whether the prohibition of 'lo sigzol' requires conscious intent, and what's needed to establish a chemdah (desire) claim.

Audio Transcript
When Can There Be a Nafka Mina?

What about could there ever be a nafka mina? Yeah, a nafka mina could be if the guy forces you to take. Right. So then if he forces you to take, why... You're not over on ืœื ืชื’ื–ื•ืœ. Why should you be over on like ืœื ืชื—ืžื•ื“? You shouldn't be over on either. There's never a nafka mina between the two according to the author of according to... He says... The truth the truth is you'd be over on ืœื ืชื’ื–ื•ืœ also. You're over on both here. Yeah, so when is... No! No, you're only over on ืœื ืชื’ื–ื•ืœ, not over on ืœื ืชื—ืžื•ื“, no? Why? You didn't steal it! Oh! When somebody forces you... Yeah. When somebody forces you to steal... If to steal from a guy. to steal from a guy, Yeah, and pay him even. and pay him, so how can you be over on ืœื ืชื’ื–ื•ืœ? You're saying you're over it, but you're not... No, I'll give you No, you're asking because of ืื•ื ืก ืจื—ืžื ื ืคื˜ืจื™ื”, no? Let's say, good, so I'll have to explain this. Let's say a guy forces you, but not ืื•ื ืก ืžื—ืžืช ื ืคืฉื•ืช, but ืื•ื ืก ืžื—ืžืช ืžืžื•ืŸ. If someone says to you, \"If you don't steal from him, I'll kill you.\" Right, then obviously there's no problem. He says, \"If you don't steal from him, I'll burn your house down.\" You're not allowed to steal. So what you did was a gezeilah that you were not allowed to do. But nevertheless you can't say you wanted it. That's right. So

ืœื ืชื’ื–ื•ืœ Doesnโ€™t Require Intent

ืœื ืชื’ื–ื•ืœ doesn't need a will. Why can't you say that want has something to do with if it benefits me? Why can't that be the... What's the equation of... No, that's that's indirect. It's indirect. Good, but we're saying, but in regular stealing you want, you want to steal. It's not you have a chemdah, it's just that for a second you wanted it, but it's not opposite of chemdah. But if someone forces you and otherwise you wouldn't do it, then it's opposite of chemdah. And you're not patur, you're over on ืœื ืชื’ื–ื•ืœ. Why are you over on ืœื ืชื’ื–ื•ืœ? Because you shouldn't have done it. See, if he forces you and you know he's going to kill you, then yeah, but if he doesn't say that, then you're over on ืœื ืชื’ื–ื•ืœ, but ืœื ืชื—ืžื•ื“ you're not over. That would be a That could be a nafka mina, yeah. There seems to be a difference in coveting something, desiring something, and just wanting it. There is a there's a cutoff there. You know, you are you... ืžื” ืฉืื™ืŸ ื›ืŸ if you learn like the fourth category, then that just wanting would be enough. It just seems that the fourth category is somewhat incompatible with a crime that head the header is a thought, is a machshavah element. It's more ephemeral. But when we say ืœื ืชื—ืžื•ื“, there's no... No, obviously it's not. That's the fourth cat The fourth category is the ma'aseh, the ikar is... That's right, but see,

The Debate Over a Fourth Category

according to everybody else, there is no fourth category of ืœื ืชื—ืžื•ื“, because it doesn't make sense. Unless yeah, unless we say it that it's the fourth category, then the taytsh of ืœื ืชื—ืžื•ื“ is that it cannot be if you don't have chemdah. You're not over if you don't have You have to have a chemdah that it's not not chemdah. That's the only way you have to have it. But see, even It's almost like once you're talking about the chemdah that's not not chemdah, you're talking in the realm of chemdah. It's the realm of chemdah. Right! Because if you Because every time you take, according to this, it's chemdah. Right. You know they say a joke, once a guy came to his father and said kid came, says, \"This guy wanted to give me a patsh.\" He says, \"How do you know he wanted to?\" \"Because he gave me.\" So, \"Why do you say he wanted to?\" \"Because if he wouldn't want to, he wouldn't give me.\" In other words, good! So that's enough that's enough of chemdah. And that what is it not? If the guy forced him to do it. ืžื” ืฉืื™ืŸ ื›ืŸ ืœื ืชื’ื–ื•ืœ, there chemdah is not the tenai. Here, even the pushing, if the guy pushed you, you're still over. Ah, you're patur because you're forced? I'm saying in a case where you shouldn't have done it. Right. Why didn't Tosafos learn the other way, that by chemdah you by what do you call it? You need a you need chemdah, and by ืœื ืชื’ื–ื•ืœ, so you also have to have chemdah, too? What does it say? I don't know, but I mean you could learn it the opposite way.

Chemdah Requirements for ืœื ืชื’ื–ื•ืœ

Here it says ืœื ืชื—ืžื•ื“. There it doesn't say ืœื ืชื—ืžื•ื“. Why would you need a chemdah by ืœื ืชื’ื–ื•ืœ? Is this is this peshat which holds ืืœื™ื‘ื ื“ืชื•ืกืคื•ืช, or other Tosafos and that hold that that ืœื ืชื—ืžื•ื“ is the fourth? We don't know. No, that's it. If it takes the header, it's going to be that way.

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