hebrew
1)

Why does the Torah declare the Shomer Chayav for Geneivah, when in Pasuk 7, it declared him Patur for Geneivah and Aveidah?

1.

Rashi and Targum Yonasan 1 : Because the earlier Parshah is referring to a Shomer Chinam, whereas the current one is referring to a Shomer Sachar. 2


1

It is to be assumed that the words 'be'Lo Agar N'tir' (without payment) in Targum Yonasan, ought to read 'be'Agar N'tir' (See Na'ar Yonasan).

2

Refer to 26:6:1:1.

2)

What exactly does "Yevi'ehu Eid" mean?

1.

Rashi and Seforno: It means that he must bring the carcass to Beis-Din (for identification, 1 plus two witnesses to prove that it died be'Oneis. 2

2.

Ramban (citing Ibn Ezra) and Rashbam: He brings a part of the torn carcass 3 to substantiate his claim.


1

Seforno. See also Torah Temimah (citing Aba Sha'ul in Bava Kama, 11a, who Darshens 'Yavi Adudah [the carcass] le'Beis-Din).

2

Because wherever the Torah says "Eid", it means two witnesses (Seforno, citing Sotah, 2a). See also Sifsei Chachamim.

3

See Amos, 3:12 (Ramban citing Ibn Ezra and Rashbam).

3)

Why will a Shevu'ah not suffice (like in Pasuk 10)?

1.

Ramban #1: In fact, the Din is the same in both cases - If there are witnesses, he brings them to substantiate his claim, and if not, a Shevu'ah will suffice. And the Torah mentions witnesses here and a Shevu'ah above, because when the animal dies in its owner's domain or falls off a cliff 1 or is stolen by armed bandits, in all likelihood there are no witnesses; whereas when a lion or a bear attacks the herd, all the shepherds gather to try and stave it off.

2.

Ramban #2 and Seforno: It is for the same reason that Isi ben Yeehudah, commenting on Pasuk 9, extrapolates from "Ein Ro'eh" that if the Oneis occurs in a location where there are witnesses, then we do not rely on a Shevu'ah.


1

Refer to 22:9:1:1.

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