BAVA KAMA 73 - 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)

CASES IN WHICH ONE PAYS KEFEL AND FOUR OR FIVE (Yerushalmi Perek 7 Halachah 3 Daf 32a)

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.

(a)

(Note: The Vilna print moved this Sugya, which was originally printed at the beginning of the Perek on Vilna Daf 31a, to this location. The Oz v'Hadar print left it in the beginning of the Perek and does not repeat it here. 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:

(b)

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.