Commentary for Shevuot 81:7

ולרבנן דפליגי עליה דרבי יוסי דאמרו בדרבנן לא נחתינן לנכסיה מאי עבדינן ליה משמתינן ליה

What is the difference?<span class="x" onmousemove="('comment',' Between R. Jose and the other Rabbis, since he also agrees that it is only theft by enactment of the Rabbis in the interests of social peace.');">¹⁰</span> Its extraction by the Court.<span class="x" onmousemove="('comment',' R. Jose makes the proprietary rights of the deaf-mute stronger (though only Rabbinically, and not Biblically) , and if anyone steals from him that which he has found, the Court extracts it from the thief; though the thief has not transgressed the Biblical law (Thou shalt not steal) , nor is he disqualified from being a witness (v. Git. 61a, Rashi) . According to the other Rabbis, if the thief stole from the deaf-mute the thing that he found, the Court does not interfere,');">¹¹</span>

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