For the source text click/tap here: Bava Metzia 34
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Perek III begins with:
If a man delivers unto his neighbor money or vessels to keep, and it is stolen out of the man's house; if the thief is found, he shall pay double. If the thief is not found, then the master of the house shall approach the judges, to see whether he has not misappropriated his neighbor's goods. For every matter of sin, whether it is for ox, for donkey, for sheep, for garment, or for any manner of lost item, whereof one says: This is it, the cause of both parties shall come before the judges; he whom the judges shall condemn shall pay double unto his neighbor. (Exodus 22:6–8)
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One fundamental issue concerns the matter of ownership of the stolen deposit. Is the bailee who compensated the owner for the loss of his item considered the owner of the item immediately? If so, if the thief is found, he returns the item to the bailee and pays him the fine. Or perhaps the depositor remains the owner of the item, and when the thief is located, the owner recieves the item and the fine.
We explore the life and legacy of the Tosafos Yom Tov, Reb Yom-Tov Lipmann Heller.