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BAVA KAMA 105

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BAVA KAMA 105 (10 Elul) - This Daf has been dedicated in honor of the Yahrzeit of Sheina Basha (daughter of Yakov and Dora) Zuckerman, who passed away on 10 Elul, by her children and sons in law.

SUMMARY

A person doesn't pay a fifth for denying something on which there is a Shibud Karka. (1)
 
If a person steals an item and than he dies and the son swears that he doesn't have the stolen item and than he admits that the stolen item was given by his father as a Pikadon to a third party he is Patur from paying an additional fifth.
 
If the Nigzal was Mochel the principle of the stolen item except for less than a Perutah the Ganav is not obligated to travel to Madai in order to return it.
 
R. Papa says that if the stolen item is still in existence even if it is worth less than a Perutah the Ganav must travel to Madai in order to return it because of the concern it will appreciate and will be worth a Perutah. (2)
 
Rava says if someone steals three bundles worth a Perutah each and they depreciate and are only worth two Perutos between them even after he returned two of them he must return the third. (3)
 
If someone steals two bundles that are worth a Perutah combined if he returns one of then he does not have an obligation to return the other but he has not fulfilled the Mitzvah of Hashavah.
 
When a Nazir shaves his hair upon the completion of his Nezirus if he left two hairs he has not fulfilled the Mitzvah.
 
If the Nazir left two hairs and one of them fell off and he subsequently shaved off the other one he has not fulfilled the Mitzvah.
 
If there is a Mes in a house with an opening in the ceiling and the opening is sealed with a perforated earthenware jug and wine sediment seals the perforation it stops the Tum'ah from entering the second floor. (4)
 
If the perforation is stopped up with a branch and clay is spread around the branch to seal it off it blocks the Tum'ah.
 
If two branches are used to stop up the perforation and clay was spread around and in between the branches to seal it off it blocks the Tum'ah.
 
If Chametz is stolen prior to Pesach it may even be returned after Pesach, however if it is lost he must pay the value that it was worth at the time it was stolen.
 
If Chametz is stolen prior to Pesach and after Pesach he swears that he did not steal it Rava is uncertain whether he is Chayav a Korban Shevu'ah, while according to Rabah he is certainly Chayav. (5)
 
Rabah says if someone steals an ox and swears that he was given the ox to guard or that he borrowed it he must bring a Korban Shevu'ah. (6)
 
If someone steals an ox and swears falsely that it was sold to him or given as a gift or he found it or it was given to him to guard or as a loan if he admits that he is a Ganav he is Patur from a Korban Shevu'ah if he offered it back immediately. (7)
 
If witnesses swear falsely that they did not see a lost object or did not see the person who picked it up, according to R. Chanina they are Patur from a Korban Shevu'ah while Shmuel holds they are Chayav. (8)
 
If one witness swears falsely that he doesn't know testimony the Tana Kama holds that he is Patur from a Korban Shevu'ah while R. Elazar Bar Shimon holds he is Chayav. (9)
 
If a Shomer denies that he was given an object to guard he attains the status of a Gazlan and he is Chayav for Onsim. (10)
 
If someone makes a claim on a person who had previously sworn falsely whether the false Shevu'ah was a Shevu'as Eidus, Pikadon or Shav the claimant swears instead of him and collects his claim.
 
If a borrower denies that he was given a loan he is not considered a Gazlan and he is Kosher for Eidus. (11)

A BIT MORE

1. Because the Chiyuv of a fifth is a result of swearing falsely and a Shevu'ah on Karka is not Mechayev a fifth because a person is not obligated to swear on Karka.
 
2. The second Lashon of R. Papa holds however that even if the stolen item is in existence if it is worth less than a Perutah it is not necessary to travel to Madai in order to return it.
 
3. Even though right now each bundle is worth less than a Perutah since it was worth a Perutah at the time it was stolen it must be returned.
 
4. An earthenware jug is not susceptible to Tum'ah from the outside and therefore it blocks the Tum'ah from reaching the second floor.
 

 
5. Rava is uncertain if he is Chayav a Korban Shevu'ah since the Chametz right now is worthless as Chametz after Pesach is forbidden and therefore his Shevu'ah is not a denial of a Chiyuv of money, however Rabah holds he is Chayav since if the Chametz is lost he must pay the value that it was worth at the time of the Geneivah it is regarded as a denial of a Chiyuv money.
 
6. Even though he is acknowledging that the ox is not his, however since he is claiming that he was given the Shor to guard he is Chayav a Korban because a Shomer Chinam is Patur from paying if it is stolen or lost and a Shomer Sachar is Patur for an Ones and a Sho'el is Patur it is damaged as a result of doing routine work with it.
 
7. Even though he claims that he bought it or was given it is a gift he says that he never paid for it or it was given as a gift in return for a favor that he never did and therefore he is returning the purchase or the gift..
 
8. According to R. Chanina they are Patur because even if they would have testified maybe the finder would have said that it was lost as a result of an Ones and he would have been Patur therefore since it is not certain that their testimony would be effective they are Patur.
 
9. If two witnesses swear falsely that they don't know testimony they are Chayav a Korban Shevu'ah, however one witness can't be Mechayev he can only Mechayev a Shevu'ah, consequently the Tana Kama holds that he is Patur because even though he may have refrained from swearing and would have paid the money as a result of his testimony, however the witness is only a Gorem (indirect) and therefore he is Patur, while R. Elazar Bar Shimon holds he is Chayav a Korban Shevu'ah even though he is only a Gorem.
 
10. A Shomer is Patur for Onsim however if he denies that he was given the object and witnesses testify that at the time of the Shevu'ah the object as in his possession he is immediately regarded as a Gazlan even though he did not swear and he is Chayav for Onsim.
 
11. Since a loan is meant to be spent even though he denied the loan it could be that he simply doesn't have the means to pay right now and is trying to buy time until he has the money to repay the loan and therefore he is not considered a Gazlan.

BRIEF INSIGHT

A SMALL GENEIVAH
 
If someone steals two bundles that combined are worth a Perutah if he returns one of then he does not have an obligation to return the other but he has not fulfilled the Mitzvah of Hashavah.
 
The Rashba says although Mitzvah of Hashavah doesn't apply to less than a Perutah, however it is forbidden to steal even less than a Perutah because although it is not regarded as Mamon, however he is causing Tzar to his friend. However, it is only forbidden if the amount that he stole has some significance to some people but it is permitted to take a sliver from a fence to use as a toothpick because no one would be Makpid with such an insignificant item. The Yerushalmi states that Midas Chasidus forbids stealing even something insignificant because if every person takes one sliver from the fence the entire fence will be dismantled.

QUICK HALACHAH

THE ISUR OF GEZEILAH
 
Someone who steals less than a Perutah even though he transgressed [the prohibition of Gezeilah] the Mitzvah of Hashavah doesn't apply. (Shulchan Aruch CM 360:3)
 
The Torah prohibition of Gezeilah applies even to half of a Shi'ur. (Sma)

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