BAVA KAMA 71 - Two weeks of study material have been dedicated by Ms. Estanne Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

AN ED ZOMEM IS DISQUALIFIED RETROACTIVELY (Yerushalmi Perek 7 Halachah 3 Daf 31a)

îúðé' âðá ò''ô ùðéí åèáç åîëø òì ôéäï åðîöàå æåîîéï îùìîéï ìå àú äëì

(a)

(Mishnah): If two witnesses testified that one stole, and slaughtered or sold, and they were Huzmu (found to be Zomemim, i.e. they were not present to see the testimony that they gave), they pay the full fine (four or five).

âðá òì ôé ùðéí åèáç åîëø òì ôé ùðéí àçøéí àéìå åàéìå ðîöàå æåîîéï äøàùåðéí îùìîéí úùìåîé ëôì åäàçøåðéí îùìîéï úùìåîé ùìùä

(b)

If two witnesses testified that he stole, and two others testified that he slaughtered or sold, and both pairs were Huzmu, the first pair pays Kefel for the animal, and the second pair pays the remaining (two or) three;

ðîöàå äàçøåðéí æåîîéï äåà îùìí úùìåîé ëôì åäï îùìîéï úùìåîé â'

1.

If only the second pair was Huzam, he pays Kefel, and the second pair pays (two or) three;

àçã îï äàçøåðéí æåîí áèìä òãåú ùðééä

2.

If only one witness was Huzam, if he is from the latter pair, the second testimony [about the Shechitah or sale] is void;

àçã îï äøàùåðéí æåîí áèìä ëì äòãåú ùàí àéï âðéáä àéï èáéçä åàéï îëéøä:

3.

If he is from the first pair, the entire testimony is void. If he did not steal the animal, there is no [Isur] of Shechitah or a sale!

âî' òã ëãåï áùáàå òéãé âðéáä åòéãé èáéçä ëàçú áàå òéãé âðéáä åìà ÷éáìåí åàçø ëê áàå òéãé èáéçä àîø ìäï äåå éåãòéï ùëáø áàå òéãé âðéáä åìà ÷éáìåí åòì éãéëí àðå î÷áìéï àåúï [ãó ëæ òîåã á (òåæ åäãø)] ðîöàå òéãé èáéçä æåîîéï îùìîéï òì éãé òéãé âðéáä.

(c)

(Note: The Vilna print moved this Sugya to the end of the Perek, end of Vilna Daf 32a. The Oz v'Hadar print left it in place at the beginning of the Perek. We have presented it in both places.) [Our Mishnah says that when two sets witnesses were Huzmu, the witnesses of theft pay Kefel, and those of Shechitah pay three.] This is when witnesses of theft and of Shechitah came at once, but if witnesses of theft came, and they did not accept them (e.g. they did not know whose ox he stole), and afterwards witnesses of Shechitah came, and [Beis Din] said to them 'know that witnesses of theft came, and we did not accept them, and through you we accept them', if the witnesses of Shechitah were Huzmu, they pay through (i.e. also for) witnesses of theft.

øáé çæ÷éä ìà îø ëï àìà òã ëãåï áùáàå òéãé âðéáä åòéãé èáéçä ëàçú áàå òéãé èáéçä åìà ÷éáìå àåúï åàçø ëê áàå òéãé âðéáä àîø ìäï äåå éåãòéï ùëáø áàå òéãé èáéçä åìà ÷éáìðåí åòì éãéëí àðå î÷áìéï àåúï åðîöàå æåîîéï òéãé âðéáä îùìîéï òì éãé òéãé èáéçä:

(d)

R. Chizkiyah did not say so. Rather, [our Mishnah] is when witnesses of theft and of Shechitah came at once, but if witnesses of Shechitah came, and they did not accept them (perhaps he slaughtered his own animal), and afterwards witnesses of theft came, and [Beis Din] said to them 'know that witnesses of Shechitah came, and we did not accept them, and through you we accept them', and the witnesses of Shechitah were Huzmu, they pay through (i.e. also for) witnesses of Shechitah.

àîø øáé æòéøà äãà àîøú òã æåîí àéï ðôñì ááéú ãéï àìà îòöîå ðôñì

(e)

(Gemara - R. Ze'ira): (The Reisha does not distinguish between Hazamah about theft or Shechitah, like the Seifa does. In every case they pay four or five.) This teaches that an Ed Zomem is not disqualified in Beis Din [at the time of Hazamah], rather, he is disqualified by himself [from when he testified about what he was not present to see. (If he were disqualified only now, Hazamah about Shechitah would not disqualify testimony about theft.)

ôúø ìä áäúøééä [ö''ì àçú - îäø''à ôåìãà, øéãá''æ].

1.

The case is, there was one warning (they testified at once about both the theft and the Shechitah or sale).