When a Change in the Stolen Object Makes It the Robber's Own

Yalkut Shimoni on Torah 479:11

Curated by Arthur·Told by Maggid·

Rav Chisda said in the name of Rabbi Yochanan: from where do we learn that a change [in the stolen object] acquires it [for the robber]? As it is said, 'and he shall restore the robbery' (Leviticus 5:23); and what does Scripture teach by 'that he robbed'? If it is as he robbed it, he returns it, and if not, he need only pay its monetary value. But this 'that he robbed' is needed to exclude his father's robbery, that he need not add a fifth for his father's robbery! If so, let the Merciful One write 'and he shall restore his robbery'; why do I need it written 'and he shall restore the robbery that he robbed'? Learn from this two things. There are those who say: from where do we learn that a change does not acquire it? As it is said, 'and he shall restore the robbery' (Leviticus 5:23) - in any case; but is it not written 'that he robbed'? That is needed to exclude his father's robbery.

Themes

LawCommandmentsDivine Justice

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