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KESUVOS 34

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SUMMARY

Rebbi Shimon: A Shechitah that does not permit the animal to be eaten is not regarded as a Shechitah at all.
 
Rebbi Yehudah and Rebbi Meir: A Shechitah done on Shabbos is valid, even though the person who performed the Shechitah is Chayav Misah.
 
Rebbi Meir: One who cooks on Shabbos b'Shogeg may eat the food immediately. Rebbi Yehudah: He may eat it only on Motza'i Shabbos. (1)
 
Rebbi Meir: One who cooks on Shabbos b'Mezid may not eat the food until Motza'i Shabbos. Rebbi Yehudah: He may never eat the food. (2)
 
Rebbi Yochanan ha'Sandlar: If a Melachah was done on Shabbos b'Mezid, the food is forbidden to be eaten. (3)
 
As soon as one starts to slaughter an animal to Avodah Zarah, it becomes forbidden.
 
It is forbidden to derive benefit from a Shor ha'Niskal (an animal that killed someone and the court decreed that it must be put it to death).
 
Rebbi Yakov: A person who is guarding an animal and it becomes a Shor ha'Niskal may return the animal to the owner and is exempt.
 
Rebbi Shimon: Something that has value only because of the cost of the replacement is regarded as a possession of value. (4)
 
Rabah says that if one steals a goat before Shabbos and slaughters it on Shabbos, he is Chayav to pay four or five times, according to Rebbi Meir. (5)
 
Rabah: If one steals a goat outside a Machteres (a tunnel) and slaughters it inside the Machteres, he is exempt. (6)
 
One who borrows a cow and slaughters it on Shabbos is exempt.
 
As soon as a borrower does Meshichah on the animal, he becomes obligated to feed it.
 
One who inherits a borrowed cow may use it for the remainder of the term, but he is exempt if an Ones occurs and it is damaged.
 
One inherited a borrowed cow, and, thinking that it belonged to his father, slaughtered it. He must pay only the price for inexpensive meat.
 
Rebbi Yochanan: One who mistakenly commits an Aveirah that is punishable with Malkus is obligated to pay. Reish Lakish: He is exempt from payment.

A BIT MORE

1. Rebbi Yochanan ha'Sandlar: The person who cooked the food may never eat it, but others are permitted to eat it on Motza'i Shabbos.
 
2. Rebbi Yochanan ha'Sandlar: No one is ever allowed to eat the food.
 
3. However, one may derive benefit from it.
 
4. Therefore, according to Rebbi Shimon, a thief must pay four or five times the value if he steals and slaughters an animal that was consecrated for the Mizbe'ach, which the owner would have had to replace were it to have become lost. The thief is liable even though the animal technically does not belong to the owner, but to Hekdesh.
 
5. This is in accordance with the view of Rebbi Meir who maintains that a person can be obligated to pay a penalty and receive a Chiyuv Misah, because the concept of Kim Lei bid'Rabah Minei does not apply to a Chiyuv Knas.
 
6. If a thief digs a Machteres for the purpose of breaking into a house, one is permitted to kill him. Since the person in the Machteres is Chayav Misah, he is exempt from any monetary obligations that occur in the Machteres. However, if he steals the animal first and then he brings the animal into the Machteres and slaughters it there, he is obligated to pay Arba'ah v'Chamishah.

BRIEF INSIGHT

STEALING ON SHABBOS
 
Rabah says that one who steals a goat and slaughters it on Shabbos is obligated to pay Arba'ah v'Chamishah. Rashi says that he carried the animal into a public domain, and thus the Chiyuv for stealing the animal and the Chiyuv for Shabbos occurred at the exact same time. The Maharam Shif asks that actually the Chiyuv for the theft came first, because as soon as he picks it up he is Koneh the animal. The Maharam Shif answers that the Chiyuv for Shabbos also starts as soon as he picks up the animal, because the Akirah (picking up) is an essential part of the Melachah.

QUICK HALACHAH

COOKING ON SHABBOS
 
When one deliberately cooks food on Shabbos (or does any of the other Melachos on Shabbos), the food (or other result of the Melachah he did) is forbidden to him forever, but is permitted to others immediately after Shabbos. If he cooked the food on Shabbos by mistake, the food is forbidden until Motza'i Shabbos, but then he may partake of it. (Shulchan Aruch OC 318:1)
 
The Vilna Ga'on says that if one mistakenly does a Melachah that is prohibited only mid'Rabanan, all agree that it is permitted for him to benefit from the Melachah (and he does not have to wait until Motza'i Shabbos).

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