REVACH L'DAF

brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il    http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net


Previous Daf
BAVA KAMA 103

Ask A
Question

SUMMARY

If someone buys a field from his friend and he tells him that he is buying it for the Reish Galusa his friend doesn't have to write a second Shtar in his name. (1)
 
If he says in front of the witnesses and the seller that he wants a second Shtar in his name the seller must write for him a second Shtar (2)
 
A Gazlan must pay for the stolen object according to the value that it was worth at the time it was stolen.
 
If Reuven gives money for an object and he did not make a Kinyan if the object was sold on condition that the money for the sale is given to Reuven if the buyer was told that the object belongs to Reuven it is permitted for Reuven to take the purchase money even though it is more than what he gave. (3)
 
If a person gives money in advance or produce that will be supplied to him throughout the year he may receive the produce even after it goes up in price, however he may not receive a refund of his money at the higher price because it looks like Ribis.
 
If someone steals at least the value of a Perutah and he swears falsely he must return the stolen item even if he has to travel to Madai
 
He may not return it to the son or the Shali'ach of the Nigzal, however he my give it to the Shali'ach Beis Din (4)
 
If the owner of the stolen item dies the Gazlan shall return it to his inheritors.
 
If the Gazlan returned the principle but not the extra fifth, or if the Nigzal was Mochel the principle or he was Mochel both the principle and the fifth except for less than a Perutah of the principle, he is not obligated to travel to Madai. (5)
 
If the Gazlan returned the extra fifth, or if the Nigzal was Mochel the fifth or he was Mochel both except for a Perutah of the Keren, he is obligated to go to Madai in order to return the outstanding principle.
 
If he returned the Keren and not the extra fifth and he swore falsely on the fifth he must pay a fifth on the fifth for every time that he swore until the fifth diminishes to less than a Perutah.
 
If someone steals from one of five people and he doesn't know who he stole from and each one of the five claims he stole from him he may leave the stolen item between them according to R. Tarfon.
 
R. Akiva says that he must pay for the stolen item to each one of the claimants.
 
R. Shimon Ben Elazar says that R. Tarfon and R. Akiva agree that if a person buys something from one of five people and he doesn't know who he bought it from he may leave the money between them and it is sufficient.
 
Anytime the Gemara states a Ma'aseh about a Chasid it is referring to R. Yehudah Ben Bava or R. Yehudah Ben Ilai.
 
R. Tarfon agrees with R. Akiva that if the Gazlan swore falsely he must pay for the stolen object to each one of the claimants.
 
R. Tarfon agrees with R. Akiva that if the Gazlan admits that he stole from one of two people he must pay to each one since he admitted. (6)

A BIT MORE

1. He told his friend that he is buying it for the Reish Galusa in order to deter anyone from making a claim on the field and the Shtar was written in the name of the Reish Galusa. The seller is not obligated to write for him a second Shtar in his name even if it is obvious that he really meant to buy the field for himself because the seller can say go ask the Reish Galusa to write a Shtar in your name.
 
2. Even though he did not specifically instruct the seller to write a Shtar in his name since he said it in front of the witnesses and the seller it is sufficient
 
3. However, if the buyer was not told that the object belongs to Reuven it is forbidden for Reuven to take the money because of the appearance of Ribis as Reuven gave only 4 Zuz for the object and he is receiving eight, however if the buyer was told that it belongs to Reuven it doesn't look like Ribis because he was simply a Shali'ach to sell the object for Reuven and Reuven is receiving the profit of the sale.
 
4. Because he doesn't have a Kapara until it is returned to the Gazlan and if he gives it to the son or the a Shali'ach and it gets lost before it reaches the Gazlan he will not have a Kapara, however the Rabanan decreed in order to prompt the Gazlan to do Teshuvah that he my give it to the Shali'ach Beis Din.
 
5. A Gazlan who swears falsely must pay an additional fifth besides the principle, however he is not obligated to travel to Madai in order to return the extra fifth and therefore if the principle has already been paid, or the Nigzal was Mochel the principle, the Gazlan is not obligated to travel to Madai and he may instead give the fifth to the Shali'ach of the Nigzal.
 
6. He is obligated to pay b'Dinei Shamayim to each one of the claimants, however Beis Din does not obligate him to pay each one of them they only obligate him to place the payment between them.

BRIEF INSIGHT

HASHAVAS HA'GEZEILAH
 
If someone steals at least the value of a Perutah and he swears falsely he must return the stolen item even if he has to travel to Madai. The Rambam explains that the reason he must travel after the Nigzal is because once he swore falsely the Nigzal gives up on retrieving the stolen object and will not make any further claims on it. However, if he did not swear he is not obligated to travel after him but he is obligated to notify him that he stole something from him and that he should come and get it. (Tosfos Yom Tov in the name of the Tur)

QUICK HALACHAH

FIVE PAYMENTS
 
If someone steals from one of five people and he doesn't know which one and each one claims that he stole from him even though there are no witnesses that he stole each one of them shall swear that he stole from him and he must pay each one of them. (Shulchan Aruch CM 365:1)

Next Daf

Index to Revach for Maseches Bava Kama


MAIN BAVA KAMA PAGE

KIH Logo
D.A.F. Home Page

Other Masechtos  •  Join Mailing Lists  •  Ask the Kollel
Dafyomi Calendar  •  חומר בעברית
Donations  •  Feedback  •  Dafyomi Links