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BAVA KAMA 111

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SUMMARY

A woman prefers to be married to a person of low stature than not to be married at all.
 
If a person gives the Asham for Gezel ha'Ger to the Mishmar of Yehoyariv at the time of their Mishmar and he subsequently gives the money of the Gezel ha'Ger to the Mishmar of Yadayah at the time of the Mishmar of Yehoyariv according to R. Yehudah the money is given back to the Mishmar of Yehoyariv.
 
The Chachamim hold that the money stays with the Mishmar of Yadayah and the Asham must be given to them as well. (1)
 
Rebbe says that R. Yehudah agrees that if the Mishmar of Yehoyariv brought the Asham before the money was given the Asham is Pasul and the Mishmar of Yadayah is given the replacement Asham and Yehoyariv may keep the hide of the Asham Pasul.
 
Rebbe says that R. Yehudah admits if the Mishmar of Yehoyariv did not claim the money from the Mishmar of Yadayah the Asham is given to Yadayah and they bring the Asham keep the money. (2)
 
If the Mishmar of Yehoyariv did not claim the money from the Mishmar of Yadayah but the Mishmar of Yadayah also did not claim the from Yehoyariv before the end of their Mishmar the money is given to Yehoyariv according to R. Yehudah and they bring the Asham at the time of their next Mishmar.
 
The Asham for Gezel ha'Ger may not be brought before the money is given to the Kohanim.
 
A Korban may not be brought on the Mizbe'ach prior to the Korban Tamid.
 
If the principle of the Gezel ha'Ger was given to the Kohen the Asham may be brought even though the additional fifth was not yet given.
 
A person who benefits from Hekdesh doesn't receive atonement until he pays the principle to Hekdesh and also brings a Korban Asham
 
If a person who benefits from Hekdesh brings his Asham before paying the principle to Hekdesh he is not Yotzei and he must bring the Asham again.
 
If someone steals and feeds it his sons or leaves to his sons as an inheritance they are Patur from paying.
 
R. Chisda says if someone steals and someone else comes along and eats it prior to Yi'ush the owner may collect from either one of them.
 
Rami Bar Chama says that if a Gazlan dies after Yi'ush and his son inherits the stolen object he is Koneh with Yi'ush and Shinuy Reshus (change of ownership).
 
Rava says that only a purchase is a Shinuy Reshus but an inheritance is not a Shinuy Reshus.
 
According to Rebbi if a Gazlan dies and his son inherits the stolen object he is Patur from paying even if the stolen object is still in existence unless it is an object such as animal that is used in the fields. (3)
 
R. Oshiah holds that if the stolen object is still in existence it must be returned by the son.

A BIT MORE

1. The Chachamim hold that since the Mishmar of Yehoyariv was wrong to accept the Asham before the money was given they are penalized and they must give the Asham to the Mishmar of Yadayah.
 
2. Since Yehoyariv did not claim the money before the end of their Mishmar they were Mochel the money of the Gezel ha'Ger to the Mishmar of Yadayah.
 
3. Rebbe holds that an inheritance is a Shinuy Reshus and therefore if the son inherited it after Yi'ush he is Koneh, however if the stolen object is a an animal that works in the field since or a piece of land that passersby can point to it and say this was stolen by the father the son must return it so that it will not be a disgrace to his father.

BRIEF INSIGHT

TWENTY FOUR MISHMAROS
 
If a person gives the Asham for Gezel ha'Ger to the Mishmar of Yehoyariv at the time of their Mishmar and he subsequently gives the money of the Gezel ha'Ger to the Mishmar of Yadayah at the time of the Mishmar of Yehoyariv according to R. Yehudah the money is given back to the Mishmar of Yehoyariv because we penalize Yadayah for taking money when it is not their Mishmar, while the Chachamim hold that the money stays with the Mishmar of Yadayah and the Asham must be given to them as well because we penalize the Mishmar of Yehoyariv for taking the Asham prior to the money. The Mahadura Basra asks why is it necessary to say that the reason for both R. Yehudah and the Chachamim is a Knas. Maybe the opinion of one of them is m'Ikar ha'Din! The Mahadura Basra answers that even though l'Chatchilah the money of Gezel ha'Ger should be given to the Mishmar that is serving at that time in the Beis ha'Mikdash, however b'Di'eved if it is given to a different Mishmar he is Yotzei. Therefore everyone agrees that if Yadayah keeps the money and Yehoyariv keeps the Asham he is Yotzei.

QUICK HALACHAH

KORBAN TAMID
 
It is forbidden to Shecht a Korban prior to the Tamid of the morning or after the Tamid of the afternoon, however the Korban Pesach is an exception and it is Shechted after the afternoon Tamid because it is it is impossible for all of Klal Yisrael to Shecht their Korban Pesach in two hours. (Rambam Hilchos Temidim 1:3)

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