יג ובמאי אי בחסר מי איכא למ"ד והא תנן כל הגזלנין משלמין כשעת הגזילה ואי ביתר היינו ב"ש
13 said: If one steals a barrel of wine from his neighbour, originally [i.e., at the time of theft] worth a <i>zuz</i>, but now [when he disposes thereof] worth four [<i>zuz</i>], if he breaks or drinks it, he must pay four; if it is broken of itself, he must pay a <i>zuz</i>. Why? Since if it were in existence, it would be returnable to its owner as it is, it is precisely when he drinks or breaks it that he robs him thereof, and we learnt: All robbers pay according to the time of robbery.<span class="x" onmousemove="('comment',' B.K. 93b, i.e., what its value was then. ');"><sup>21</sup></span> 'If it is broken of itself, he must pay a <i>zuz</i>.' Why? He does nothing at all to it then: for what do you declare him liable? For the time of the robbery!<span class="x" onmousemove="('comment',' I.e., for the act of taking it. ');"><sup>22</sup></span> But then it was worth [only] a <i>zuz</i>. We learnt: BETH HILLEL RULE: [HE MUST PAY ITS VALUE] AS WHEN IT IS WITHDRAWN. What is the meaning of AS WHEN IT IS WITHDRAWN? Shall we Say, as when it is withdrawn from the world:<span class="x" onmousemove="('comment',' I.e., when destroyed or otherwise disposed of. ');"><sup>23</sup></span> and in what [case do Beth Hillel differ]? If in the case of depreciation,<span class="x" onmousemove="('comment',' After he had taken it; Beth Hillel maintaining that he must pay its depreciated value. ');"><sup>24</sup></span> — but is there any such opinion? Did we not learn, All robbers pay as at the time of robbery? And if in the case of appreciation, then it is identical with Beth Shammai['s ruling]!