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BAVA KAMA 104

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BAVA KAMA 104 (9 Elul) - Dedicated in memory of Annette (Chana bas Raizel) Linzer, by Elliot and Lori Linzer.

SUMMARY

Rava says that if someone steals from his friend and swears falsely he must return the stolen object to his friend even if he has to travel to Madai because he doesn't attain a Kaparah until the object reaches the hand of the Nigzal.
 
However, if he did not swear falsely he is not obligated to travel to Madai to return the object if he notifies the Nigzal that he stole because as soon as he admits that he is a Ganav the stolen object is considered to be a Pikadon in his hand. (1)
 
If someone is owed money and he appoints a Shali'ach in front of witnesses to collect the money if the Shali'ach was given the money by the debtor and it gets lost before it reaches the hands of the Ba'al Chov the debtor is Patur according to R. Chisda. (2)
 
Rabah says that if it is lost from the Shali'ach the debtor is Chayav to pay again.
 
If someone borrows a cow from his friend and the cow was sent to him with the Shali'ach or son of the Sho'el or with the son or Shali'ach of the owner and it dies before it reaches his hand he is Patur. (3)
 
A Gazlan may not give the stolen object to the son or the Shali'ach of the Nigzal.
 
The Gazlan may give the stolen object to the Shali'ach of Beis Din; R. Shimon Ben Elazar says that if the Gazlan appointed the Shali'ach Beis Din he is only Patur once the object reaches the hands of the Nigzal.
 
Shmuel says that a Shomer should not return the Pikadon to a Shali'ach even if he sent with the Shali'ach his insignia even if witnesses sign on it, while R. Yochanan holds that if witness signed on it he may send the Pikadon with the Shali'ach. (4)
 

 
If the owner writes that when the Shali'ach receives the money it is if he received it even according to Shmuel he may send the Pikadon with him. (5)
 
If the Ganav paid the principle and swore falsely on the additional fifth he must pay fifth on the fifth. (6)
 
If a Ganav swears falsely and admits to it and subsequently dies his inheritors must pay the principle plus an additional fifth, but they are Patur from bringing a Korban Asham. (7)
 
If the father did not admit before he died the inheritors are Patur from paying the additional fifth even if both the father and the inheritors swore falsely, however they are obligated to pay the Keren if they admit that they are Chayav. (8)

A BIT MORE

1. Even according to R. Akiva who holds that someone who swears from one of five people must pay each one however in this case since he knows who he stole from it is not necessary for him to travel to Madai to return the object if he admits that he stole it since it is considered a Pikadon in his hand.
 
2. R. Chisda holds that he appointed him in front of witnesses in order that the money that is given to him should be regarded as if he received it himself.
 
3. A Sho'el is not Chayav for Onsim until the borrowed object reaches his hand.
 
4. According to Shmuel if the Shali'ach loses the money the debtor is obligated to pay again while according to R. Yochanan he is Patur from paying again.
 
5. However, if the Ba'al Chov dies and the Chov is inherited by his children if the money is lost the debtor is obligated to pay again because that which the Ba'al Chov said that it is as if I received it does not commit the children. However, if the Ba'al Chov is Makneh it to the Shali'ach with a Kinyan Agav even if he subsequently dies and his children inherit the property the debtor is Patur if the Shali'ach loses the money.
 
6. A Ganav is obligated to pay an additional fifth if he swore falsely and subsequently admitted and if he returned the Keren but not the fifth and swore that he doesn't owe the fifth he must pay a fifth of the fifth..
 
7. If the father had already separated an animal for a Korban Asham before he died it is sent out to pasture, but if he had not yet separated an animal for his Asham the inheritors are Patur because an Asham is a Kaparah for the father and once he died it is not longer a Kaparah for him.
 
8. They are not obligated to pay a fifth as a result of their own Shevu'ah because it is referring to a case that the stolen item is no longer in existence and although they are obligated to pay they principle from the Karka that they inherited from their father they are Patur from paying an additional fifth because the obligation to pay a fifth is because of a false Shevu'ah and since a person is not obligated to swear for denying a Chiyuv Karka their Shevu'ah has no significance.

BRIEF INSIGHT

A SPECIALLY APPOINTED SHALI'ACH
 
If someone is owed money and he appoints a Shali'ach to collect the money in front of witnesses if the Shali'ach was given the money by the debtor and it gets lost before it reaches the hand of the Ba'al Chov the debtor is Patur according to R. Chisda, while Rabah holds that he is Chayav to pay again. The Nimukei Yosef says that if the Ba'al Chov instructed the debtor to send with a certain Shali'ach or they made up at the time of the loan that the he is free to send it with whoever he chooses if he sends it with a Shali'ach and it gets lost he is Patur.

QUICK HALACHAH

A SHALI'ACH WITHOUT WITNESSES
 
If he did not make him a Shali'ach in front of witnesses and instead gave over his insignia as a Siman that he is his Shali'ach and he gave it to him and told him to bring him his money and the Shali'ach tells the borrower that the Ba'al Chov send me for his money and here is his insignia and witnesses testify that it is his insignia but they do not testify that he made him a Shali'ach if the Shali'ach loses the money the borrower is Chayav. (Shulchan Aruch CM 121:3)

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