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|BAVA KAMA 72 (7 Av) - Dedicated in memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens, N.Y., Niftar 7 Av 5757, by his wife and daughters. G-d-fearing and knowledgeable, Simcha was well known in the community for his Chesed and Tzedakah. He will long be remembered.|
BAVA KAMA 72 (14 Adar) - Dedicated l'Iluy Nishmas HaRav Ze'ev Wolf Rosengarten of Zurich, Switzerland, a person of "Sheleimus" in every way. Well-known for his Shimush of the Brisker Rav, Rav Wolf passed away on 14 Adar 5760. Dedicated in honor of his Yahrzeit by his nephew and Talmid, Eli Rosengarten of Zurich.
If someone steals from his father and he slaughters or sells it after the death of his father he is Patur from paying four or five because only a portion of the Shechitah was forbidden. (1)
If someone steals and slaughters a stolen animal and it turns out to be a Tereifah, or he slaughters Chulin in the Azarah according to the Tana Kama he must pay four or five.
R. Shimon holds he is Patur from four or five because any Shechitah that doesn't permit the meat to be eaten is not considered a Shechitah.
According to the opinion that a Shechitah is from the beginning until the end the Chiyuv of four or five for slaughtering Chulin in the Azarah is only if he most of the Shechitah was outside the Azarah and the Shechitah was completed inside the Azarah. (2)
Reish Lakish says that only the end of the Shechitah is regarded as part of the Shechitah while R. Yochanan holds that the entire Shechitah is regarded as part of the Shechitah.
A Ganav is only Chayav four or five if he completes the Shechitah.
If witnesses testify that someone stole and Shechted or sold an animal and they turned out to be Zomemim they must pay four or five to the person they testified against.
If two witnesses testify that someone stole and two other witnesses testify that he Shechted or sold the animal and they turned out to be Zomemim the first two witnesses pay Kefel and the other witnesses pay two or three. (3)
If only the last two witnesses became Zomemim the Ganav pays Kefel and the Eidim Zomemim pay two or three.
If one of the last two witnesses became a Ed Zomem the Eidus is void but the testimony of the first two witnesses remain valid. (4)
If one of the first two witnesses became an Ed Zomem the testimony of all of the witnesses is void because if he didn't steal he also did not slaughter or sell.
Abaye says that a witness who becomes an Ed Zomem is Pasul retroactively for Eidus from the time he testified because at the time he testified falsely he was a Rasha and a Rasha is Pasul for Eidus.
Rava says that an Ed Zomem is only Pasul from the time he became a Zomem because it is a Chidush that we believe the Mazimim more than the Zomemim because it is two against two and therefore he is only Pasul from that time.
A BIT MORE
1. A portion of the animal belongs to him since he inherited it along with his brothers and therefore a portion of the Shechitah was permitted and he is not Chayav four or five unless the entire Shechitah is forbidden.
2. If the entire Shechitah was inside the Azarah he is Patur from four or five because as soon as he starts the Shechitah the animal is forbidden b'Hana'ah and it no longer is considered the possession of the original owner.
3. The Eidei Tevichah only pay three if they became Zomemim before the Eidei Geneivah, but if the Eidei Geneivah became Zomemim first the Eidus Tevichah is Batel because if he didn't steal he also didn't slaughter and since their Eidus is Batel they can no longer becomes Eidim Zomemim.
4. The Ganav pays Kefel and he is Patur from four or five and the witness who became an Ed Zomem is also Patur because Eidim Zomemim only pays if both witnesses become Zomemim.
The Gemara asks that according to the opinion that a Shechitah is from the beginning until the end a Ganav should not be Chayav for slaughtering Chulin in the Azarah because as soon as he starts the Shechitah it is forbidden and for the rest of the Shechitah it no longer belongs to the owner. The Rashba asks that the same could be asked regarding every Shechitah of a Ganav that he is Koneh the Geneivah with a Shinuy immediately in the beginning of the Geneivah and for the rest of the Shechitah it no longer belongs to the owner. The Rashba answers that the beginning of the Shechitah is not enough of a Shinuy to be Koneh the animal.
CHULIN IN THE AZARAH
It is permitted to slaughter anywhere with the exception of the Azarah because only Kodshei Mizbe'ach may be Shechted in the Azarah but Chulin may not be Shechted in the Azarah whether it is an animal, a Chayah or a bird. If Chulin is Shechted in the Azarah the flesh is Tahor and it is forbidden in Hana'ah like Basar b'Chalav and it shall be buried and the ashes are forbidden. (Rambam Hilchos Shechitah 2:3)
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