Talmud Bavli
Talmud Bavli

Halakhah for Bava Kamma 209:4

איכא דאמרי אמר רב פפא לא שנא גזילה קיימת ולא שנא שאין גזילה קיימת אינו צריך לילך אחריו לשמא תייקר לא חיישינן

WITH THE EXCEPTION, HOWEVER, OF LESS THAN THE VALUE OF A <i>PERUTAH</i> [DUE] ON ACCOUNT OF THE PRINCIPAL HE WOULD NOT HAVE TO GO AFTER HIM. R. Papa said: This Mishnaic ruling can apply only where the misappropriated article was no more in existence, for where the misappropriated article was still in existence the robber would still have to go after him, as there is a possibility that it may have risen in value.<span class="x" onmousemove="('comment',' Cf. Kid. 12a. ');"><sup>8</sup></span> Others, however, said that R. Papa stated that there was no difference whether the misappropriated article was in existence or not in existence, as in all cases he would not have to go after him, since we disregard the possibility that it may rise in price.<span class="x" onmousemove="('comment',' Cf. Kid. 12a. ');"><sup>8</sup></span> Raba said: If one misappropriated three bundles [of goods altogether] worth three perutahs, but which subsequently fell in price and become worth only two, and it so happened that he restored two bundles, he would still have to restore the third: this could also be proved from the [following] teaching of the Tanna:<span class="x" onmousemove="('comment',' Since at the time of the robbery its value was not less than a perutah. ');"><sup>9</sup></span>

Sefer HaChinukh

It laws: For example, that which our Rabbis, may their memory be blessed, said (Sanhedrin 57a) how much would the theft be that obligates the robber in repayment? Any theft that is worth a small coin (perutah). But less than that is not in the category of repayment, even though he has transgressed a Torah prohibition. And as we shall write at length in the negative commandment of "You shall not rob" (Sefer HaChinukh, 20, 29), [it is] because Israelites are the children of Avraham, Yitschak and Yaakov - generous men, the children of generous men. And it is a well-known thing that that even a poor Israelite will pardon less than the worth of a perutah that was stolen from him, and he will not want to seek it at all. And therefore, they, may their memory be blessed, said (Bava Kamma 105a) that one who robs three bundles, worth three perutah at the time of the theft, and they depreciate in the hand of the robber and became worth two perutah - even though he returned two - he is obligated to return the third; since we judge according to the time of the robbery, and [the] third was already worth a perutah at that time. [If] he stole two that are worth one perutah [together] and he returned one, there is robbery here [but] there is not repayment here.
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