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BAVA KAMA 106

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SUMMARY

If a Shomer denies that he was given the object to guard he attains the status of a Gazlan and he is Chayav for Onsim. (1)
 
Rav says if someone claims that his friend owes him money and the friend swears that he doesn't owe the money he is Koneh the money with the Shevu'ah and even if witnesses testify that he was lying he is Patur
 
If a Shomer swears that he lost the guarded object and witnesses testify that he consumed it he must pay the principle and if he admits on his own he must pay an additional fifth. (2)
 
If he swears that it was stolen he must pay Kefel and if he admits on his own he must bring a Korban Asham and pay an additional fifth.
 
Only the person defending a claim against him is obligated to swear Min ha'Torah, not the person who is making the claim
 
If a Gazlan swear five times he is Chayav an additional fifth for each time that he swears because he could have admitted after each Shevu'ah. (3)
 
If a Shomer swears falsely that the object he was guarding was stolen and he admits after witnesses testify he must pay Kefel and bring an Asham. (4)
 
If he admits before witnesses testify he pays the principle plus an additional fifth and brings an Asham.
 
If a Shomer swears falsely that the object he was guarding was stolen and he Shechts it or sells it he pays four or five.
 
R. Meir holds that a Shechitah which doesn't permit the animal to be eaten is nevertheless regarded as a Shechitah. (5)
 
If a live baby animal is found inside its mother after the mother is Shechted R. Meir holds the baby may not be eaten without Shechitah.
 
If a Shomer swore falsely that the animal he was guarding was stolen and witnesses testified that he was lying and Beis Din instructed him to go out and give the owner the Kefel, if he subsequently Shechts it or sells he is Patur from four or five because he is now regarded as a Gazlan. (6)
 
If Beis Din only said he is Chayav to pay he is still a Ganav and if he Shechts it or sells it he must pay four or five.
 
If two partners steal an animal and one of them Shechts the animal without the authorization of the other partner he is Patur from paying four or five. (7)
 
If a person who finds a lost object swears falsely that it was stolen he must pay Kefel
 
If a Katan gives someone an object to a Shomer if he claims it is stolen he is not Chayav a Shevu'ah or Kefel even if he is already a Gadol at the time that he makes a claim.
 
R. Yochanan says that a Shomer who claims the object he is guarding was stolen is only Chayav Kefel if he is Modeh b'Miktzas (admits a portion of the claim).

A BIT MORE

1. 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 was in his possession he is immediately regarded as a Gazlan even though he did not swear and he is Chayav for Onsim.
 
2. Even though Rav says that once a Shomer swears he is Patur even if witnesses testify that he is Chayav however this Beraisa is referring to a case that he swore before Beis Din was Mechayev him to swear.
 
3. Even though he is already Patur after the first Shevu'ah however since he could have admitted after each Shevu'ah and been Mechayev himself with his Hoda'ah it turns out that for every Shevu'ah he took he denied a Chiyuv of money.
 
4. He doesn't pay a fifth if he pays Kefel because the payments of the Kefel dismisses him from the payment of the additional fifth.
 
5. Therefore if a Ganav Shechts a stolen animal that is a Tereifah he must pay four or five even though it is forbidden to be eaten. R. Shimon argues however and he holds that it is not considered a Shechitah.
 
6. Once Beis Din instructs him to pay he is regarded as a Gazlan, not a Ganav, and a Gazlan doesn't pay four or five.
 
7. Because the Torah is Mechayev four or five but not ½ of four or five and since his partner is Patur from four or five his portion is only ½ of four or five, however if his partner authorized him to Shecht it or sell it they are Chayav four or five between them because with regards to Shechitah or Mechirah a person is Chayav for the Shechitah or Mechirah of his Shali'ach.

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