Masechet Bava Kamma 114b: how to explain that both the thief (Ganav) & the Gazlan acquire with Ye'ush

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Date:
June 27 2017
Length:
46min 8s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Bava Kamma 
Halacha:
Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 114b  

Description

In the sugya in Masechet Bava Kamma 114b Rebby Shimon assumes that there is Ye'ush only in the case of a Gazlan; the Rabanan assume there is Ye'ush only in the case of the Ganav. How then are we to explain that according to our MIshna as well as the Beraita, both the thief & the Gazlan acquire with Ye'ush? Could this be the view of Rebby who equates the thief with the Gazlan of R' Shimon and postulates Ye'ush in bot Ganav and Gazlan?

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Francine Lashinsky and Dr. Alexander & Meryl Weingarten in memory of Rose Lashinsky, Raizel bat Zimel, z"l on the occasion of her yahrzeit on Nissan 14, and in honor of their children, Mark, Michael, Julie, Marnie and Michelle, and in honor of Agam bat Meirav Berger and all of the other hostages and all of the chayalim and by the Goldberg and Mernick Families in loving memory of the yahrzeit of Illean K. Goldberg, Chaya Miriam bas Chanoch