68b----------------------------------------68b
6)
(a) Rebbi Elazar agrees with Rav Sheshes. Based on the assumption that there must have been Yi'ush, what does Rebbi Elazar prove from the fact that a Ganav who Shechted or sold the stolen article is obligated to pay four or five-fold?
(b) And what makes him so certain that Yi'ush is necessary? Perhaps the Beraisa is speaking when there was no Yi'ush (and the Tana holds like Rebbi Shimon, who holds Stam Gezeilah Yi'ush Be'alim, but not Stam Geneivah)?
(c) And how does he know that the Tana is not speaking when the Ganav heard the owner specifically say that he had given up hope of retrieving the animal?
(d) What does Rebbi Yochanan hold? How does he counter Rebbi Elazar from 'Geneivah b'Nefesh (kidnapping)'?
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7)
(a) According to Rebbi Yochanan, the Chiyuv of Daled v'Hey applies before Yi'ush, but it also extends to after Yi'ush. What does Reish Lakish say?
(b) What is the basis of their Machlokes? With whom does Reish Lakish concur?
(c) Rebbi Yochanan queries Reish Lakish from a Beraisa, which says that if someone steals a cow and, after declaring it Hekdesh, he slaughters it, he pays Kefel for the theft. How about Daled v'Hey for the Shechitah?
(d) Why can the Tana not be speaking before Yi'ush? What do we learn from the Pasuk in Bechukosai "Ish Ki Yakdish Es Beiso Kodesh"?
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8)
(a) Why is the Ganav then Patur from Daled v'Hey?
(b) What can we now extrapolate from there that poses a Kashya on Reish Lakish?
(c) What does Reish Lakish reply to this Kashya? Who declared the animal Hekdesh, according to him?
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9)
(a) We query Reish Lakish's explanation however, with a statement of Rebbi Yochanan. What did Rebbi Yochanan say in a case of 'Gazal v'Lo Nisya'ashu ha'Be'alim' that clashes with it?
(b) We answer that Reish Lakish holds like the Tzenu'in in the Mishnah in Ma'aser Sheni. What is the Tana's concern there in connection with a Kerem of Neta Reva'i?
(c) What did the Tzenu'in used to do to offset this?
(d) What Kashya does this pose on the Beraisa currently under discussion which (according to Reish Lakish), we have just established like the Tzenu'in, but which obligates the Ganav to pay Kefel?
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10)
(a) We resolve the problem by establishing the case where the owner took the Ganav to Beis-Din before he declared it Hekdesh. What difference does that make?
(b) What problem does this answer pose, assuming that Beis-Din said 'Tzei Ten Lo'? What did Rava say in such a case?
(c) Then how does the Beraisa speak? What did the Beis-Din tell the Ganav?
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Index to Review Questions and Answers for Maseches Bava Kama
