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9.11.25

Rambam laws of theft 1 law 14 and 15. If a person steals an animal or a vessel, and at the time of theft it was worth four, and now at the time of trial it is worth two, he pays according to the value at the time of theft and a double payment according to the value at the time of trial. If at the time of the theft it was worth two and at the time of trial it was four, if he slaughters or sells or breaks the vessel or it is lost, he pays double payment or four and five according to the the time of trial. If the animal dies or the vessel is lost by itself, he pays double payment as per the time of theft. Whoever steals a tool and it is broken or depreciated or breaks or depreciates by itself, no depreciation is imposed on him, but they calculate how much the tool was worth, and he pays its owners two times their value, and the broken vessel will be the thief's. If the owner wants to take the broken vessel and receive the depreciation and double payment, we agree with him. ---I would like to suggest that the explanation of this Rambam is different than what it sounds like at first glance. I suggest the meaning is this. When the value goes down from four to two and the Rambam writes that he pays according to the value at the time of the trial that means he pays four for the theft an four for the double. Then when he writes when the value goes up from two to four and he pays double according to the time of the trial that means he pays two for the theft and eight for the double. [I think it is possible to misunderstand this to mean, “when the value goes down to two, and he pays double according to the time of trial,” they think that means he pays two for the double, and “when it goes up to four, that he pays the for the double according to the time of the trial” that means he pays four. However, I think my explanation is right because the Rambam is based on the statement of Rav in Bava Kama page 65a that the thief pays for the theft according to the time of the theft, and the double or the four or five according to the value at the time of the trial.