Bava Kamma 68 - January 9, 28 Tevet

Study Guide Bava Kamma 68 Rav holds that ye'ush alone of the original owner causes the item to become the possession of the thief. Rav Sheshet disagrees and three sources are brought to challenge Rav but all are resolved. Rav Sheshet holds that if it is not a complete sale, i.e. if the owner did not despair, there is no four/five payment. Rav Nachman disagrees with Rav Sheshet and also with Rav and requires a thief to pay the four/five payment regardless of whether the owner did/did not despair of the stolen item. Rav holds that since despair of the owner turns the object into the property of the thief, if the sale happened after ye'ush, there is no four/five payment. Rabbi Elazar, Rabbi Yochanan and Reish Lakish also weigh in on this discussion - Rabbi Elazar holds like Rav Sheshet, Rabbi Yochanan like Rav Nachman, and Reish Lakish like Rav.