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BAVA KAMA 109

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BAVA KAMA 109 (14 Elul) - This Daf has been dedicated in honor of the Yahrzeit of Yisrael (son of Chazkel and Miryam) Rosenbaum, who passed away on 14 Elul, by his son and daughter and families.

SUMMARY

If someone makes a Neder that his son may not benefit form his during his lifetime and after his death his son may not take a share in the inheritance.
 
If the son can't afford to give up his share of the inheritance he should borrow money and his Ba' al Chov will collect from his portion of the inheritance that he gave to his brothers.
 
If someone steals from his father and swore falsely and than his father died if he can't find an inheritor of his father he should give the principle and the fifth to Tzedakah and he shall say this is for the Gezeilah of my father
 
If someone steals money and swears falsely if the Nigzal is Mochel the principle he is Patur from paying and he only must pay the additional fifth.
 
If a person stole from a Ger who has no children and he swore falsely and the Ger gave him the principle and the fifth as a loan and than the Ger died he is Patur from paying according to R. Yosi ha'Glili.
 
R. Akiva holds that he must pay the principle and the fifth to the Kohanim. (1)
 
R. Sheshes says that according to Yosi ha'Glili if the Nigzal is Mochel the principle of the Gezel it is an effective Mechilah, however the Gazlan may not be Mochel the money to himself in a case that he inherited the Gezel from his father.
 

 
Rava says that according to R. Akiva the Nigzal may be Mochel but not the person himself, while according to R. R. Yosi ha'Glili the person may be Mochel the Gezel to himself.
 
Rava says that according to R. Yosi ha'Glili the Gezel ha'Ger is only paid to the Kohanim if the Gazlan was only Modeh after the death of the Ger. (2)
 
If a person steals from a Ger or a Giyores and swears falsely and the Ger or Giyores dies the principle and fifth is paid to the Kohen.
 
If a person steals from a Ger and the Ger dies while he is a Katan it is certain that the Ger doesn't have relatives. (3)
 
Gezel ha'Ger is given to the Kohen of the Mishmar of that week.
 
If a Kohen steals from a Ger and the Ger dies he may not keep the principle and the fifth for himself.
 
When a Kohen brings a Korban he may be bring it on the Mizbe'ach himself anytime even if it is not presently his Mishmar and he may eat the flesh of the Korban and the hide belongs to him. (4)
 
A Kohen Tamei does not receive a portion from any of the Kodshei ha'Mikdash including the hides of the Korban.
 
If a person is Makdish an inherited field and he fails to redeem it and it was sold by the Gizbar to another person when it reaches Yovel the field is given to the Kohanim of the Mishmar at the beginning of the Yovel
 
If the inherited field was sold by the Gizbar to a Kohen whose Mishmar serves at the beginning of the Yovel he may not keep the field for himself and he must give it to his fellow Kohanim.
 
If a Kohen Ba'al Mum brings his own Korban one of the Kohanim of the Mishmar brings the Korban and the Kohen Ba'al Mum has the right to the flesh and the hide of the Korban. (5)

A BIT MORE

1. If a person swore falsely to a Ger and than the Ger dies he must pay the principle and fifth to the Kohanim and even if the Ger was Mochel the payment before he died he must pay the money to the Kohanim.
 
2. Because at the time that he is Modeh Hashem is Koneh and He gives it to the Kohanim, but if he admitted prior to the death of the Ger it becomes like a loan and when the Ger dies he may be Mochel it to himself.
 
3. It is only possible for a Ger to have relatives if he has children and a Katan can't have children.
 
4. However, once he gives up his Korban to another Kohen he loses all rights to it.
 
5. The Kohen may not appoint a Shali'ach to bring the Korban for him because a Ba'al Mum may not bring the Korban himself and consequently he is not authorized to appoint a Shali'ach, however a Ba'al Mum may eat the flesh of the Korban and therefore the flesh and the hide belongs to him since it his Korban.

BRIEF INSIGHT

KOHANIM OF THE MISHMAR
 
Gezel ha'Ger is given to the Kohanim of the Mishmar that serve in the Beis ha'Mikdash that week. The Ra'avad says that it is given to the Mishmar which serves in the Beis ha'Mikdash the week that he separated his Korban Asham because once he separates the Asham he must give the money immediately as the money of Gezel ha'Ger must be given before the Korban is brought. However, if the money is given before he separates the Asham it may be given to a different Mishmar than the one who brought the Korban. (Rashba)

QUICK HALACHAH

GEZEL HA'GER
 
Someone who steals from a Ger and he swears and than the Ger dies even if he admitted to the Ger and the Ger gave him the money as a loan he must give up the money even though he was Zocheh in the Gezeilah. (Shulchan Aruch CM 366:6)

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