Possession Is 100 Percent Of The Law
‘Stolen Chametz Became Forbidden Due to the Intervening Passover’
(Bava Kamma 96b)
We infer from the Mishna on our daf that if one stole a healthy cow valued at, for example, $500 and its value decreased to $400 due to market changes, the thief fulfills his obligation to make restitution if he returns the actual animal, even though it is presently worth less than when he misappropriated it.
The Mishna specifically states that if a cow’s value decreased due to a physical change (i.e., it became old or weak in the hands of the thief), restitution can only be accomplished by returning an animal of the same value as that which was stolen. This is due to the rule of “shinui koneh” – i.e., a physical change creates acquisition.
A Violation of Pesach
The Gemara (Pesachim 28b-29a) discusses the prohibition of chametz on Pesach. Not only is benefit from chametz prohibited on Pesach but the mere possession of same places one in violation of “bal yera’eh” – lit., it shall not be seen. The halacha follows Rava (ad loc.) that chametz that remained in a Jew’s possession during Pesach is forbidden for benefit, even after Pesach, due to a rabbinically imposed penalty.
‘Here Is Yours’
Our Mishna (Bava Kamma 96b) states that if one steals chametz before Pesach and keeps it in his possession until after Pesach (rendering it assur behana’a – forbidden for benefit), he may return the chametz to its owner after the festival, declaring, “Here is that which I stole from you.”
Even though the chametz has undergone a change in status after the robbery – it became forbidden for benefit – it is not considered a physical change, but rather a halachic change which is not discernible.
Forbidden To Whom?
Ramban (Novella to Pesachim 32b – see also Pri Chadash, Orach Chayyim 448:s.k. 3) proves from our Mishna that the Sages forbade chametz she’avar alav haPesach not only to its owner but to all other Jews as well. He points out that in the case of a thief who stole chametz before Pesach (and he did not destroy it at the prescribed time), the owner was not in violation of bal yera’eh, yet the Mishna refers to it as chametz she’avar alav haPesach, and the Mishna’s teaching is that nevertheless, for the purpose of restitution, he may return it.
Teshuvos HaRif, cited by Rabbeinu Manoach (to the Rambam’s Hilchos Chametz U’Matzah 1:5), however, is of the novel opinion that the Sages only forbade the owner any use of chametz she’avar alav haPesach – chametz that became forbidden due to its being in his possession during Pesach.
Others, however, may benefit from such chametz because they were not the subject of the penalty.
We might add, by way of explanation, for if such is not the case, what value would there be for the original owner when such chametz is returned to him? Should the return of something that is now deemed worthless be considered proper restitution?
