Commentary for Kiddushin 103:11

הא מדקתני סיפא או שחטף סלע משלה מכלל דרישא בגזל דעלמא עסקינן פירושי קא מפרש קידשה בגזל בחמס ובגניבה כיצד כגון שחטף סלע מידה וקדשה בו

When R'Zera went up [to Palestine, from Babylon], he recited this pronouncement [of Rab] before R'Johanan. Said he to him: Did then Rab say thus! But did he himself not say [likewise]? Surely R'Johanan said: If one stole<span class="x" onmousemove="('comment',' Gazal denotes theft by violence.');">¹⁶</span> [an article] and the owner did not abandon hope,<span class="x" onmousemove="('comment',' Of its return. Yi'ush is a technical term, despair or abandonment, whereby a stolen (or lost) article formally passes out of its first ownership into that of the person actually in possession. - The thief is then liable for having removed it from the ownership of the victim.');">¹⁷</span> both cannot consecrate it: the one [the thief], because it is not his;<span class="x" onmousemove="('comment',' But it is technically his if the owner abandons it.');">¹⁸</span> the other, because it is not [actually] in his possession! - He meant thus: Did Rab [truly] rule as I [did]? An objection is raised: If one betroths a woman with an article of robbery, violence, or theft,<span class="x" onmousemove="('comment',' An article of robbery is one stolen by violence; 'theft' denotes stolen in secret; 'violence', an article forcibly taken from its owner and paid for.');">¹⁹</span> or if he snatches a sela' out of her hand and betroths her therewith, she is betrothed? - There it refers to her own robbery.<span class="x" onmousemove="('comment',' I.e., he robbed her, cf. p. 262, n. 7: the argument rejected there is admitted here.');">²⁰</span> But since the second clause teaches 'or if he snatches a sela' out of her hand,' it follows that the first clause refers to robbery in general? - It is an explanation. If one betroths a woman with robbery. How so? If he snatches an article out of her hand and betroths her therewith.

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