Bava Kama page 65, Bava Metzia page 14

I would like to answer at least one question I asked on my previous blog entry on the Rambam. I think the Rambam is basing his opinion on the Gemara in Bava Metzia page 14 and also later in Bava Metzia where we have the law that a thief that improves the property that he stole can only keep the cost of the improvements but the besides that the improvements go to the owner after the object is retuned to him. The situation is this in Bava Kama page 65. Rav said a thief has to pay double. The way this is evaluated is this. The main payment goes buy the value of the object at the time of the theft. But to calculate the amount of the double we go by the value of the object at the time of judgment. Rav Sheshet asked on this from a braitaa that says that if the object stated out at one and ended up being worth four the double is calculated according to the time of the theft. The braita says the reason is that the thief can ask if I made the improvements why should you get the profits? The Gemara answer that Rav was talking about variations in market value, not improvements made by the thief. however, the Rambam says otherwise. He says if the object went from 2 to 4 and the theft broke the object he pays according to the time of judgement. so, we see the Rambam means this to refer to any improvements. The Rambam I think based himself on the Gemara in Bava Metzia that all improvements to a stolen field or stolen object go to the owner. Only the theft can be repaid for the costs of the improvements. ---------------------------------------------------I would like to answer at least one question I asked on my previous blog entry on the רמב’’ם. I think the רמב’’ם is basing his opinion on the גמרא in בבא מציעא דף י''ד and also later in בבא מציעא where we have the law that a thief that improves the property that he stole can only keep the cost of the improvements but the besides that the improvements go to the owner after the object is retuned to him. The situation is this in בבא קמא דף ס''ה ע''א. רב said קרו כעין שגנב כפל דו''ה כשעת העמדה בדין. That is: a thief has to pay double. The way this is evaluated is this. The main payment goes by the value of the object at the time of the theft. But to calculate the amount of the double we go by the value of the object at the time of judgment.רב ששת asked on this from a ברייתא that says that if the object started out at one and ended up being worth four the double is calculated according to the time of the theft. The ברייתא says the reason is that the thief can ask, "If I made the improvements why should you get the profits? The גמרא answer that רב was talking about variations in market value, not improvements made by the thief. however, the רמב’’ם says otherwise. He says if the object went from שתיים to ארבעה and the theft broke the object he pays according to the time of judgement. So, we see the רמב’’ם means this to refer to any improvements. The רמב’’ם I think based himself on the גמרא in בבא מציעא that all improvements to a stolen field or stolen object go to the owner. Only the thief can be repaid for the costs of the improvements.