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BAVA KAMA 12

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BAVA KAMA 12 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.

SUMMARY

Ula says in the name of R. Elazar that a servant may be collected by a Ba'al Chov even if the debtor dies and it was inherited by his children. (1)
 
The Beraisa states that a Pruzbul may only be written if the borrower owns Karka but not if he owns servants.
 
Movable object may be acquired with a Kinyan Agav together with Karka but not together with servants. (2)
 
The Beraisa states that if a person is buying servants and Karka one of them may not be acquired with a Kinyan Agav together with the other.
 
If a person is buying Karka and movable assets the movable objects may be acquired with a Kinyan Agav together with the Karka but not vice versa.
 
If a person is buying servants and movable objects one of them may not be acquired with a Kinyan Agav together with the other. (3)
 
A person may be Koneh objects together with his servant with a Kinyan Chatzer if the objects are on his servant and the servant is tied up. (4)
 
A moving Chatzer is not Koneh the objects that are on it even if it is stationary unless it is tied up.
 
If servants are standing on Karka if a person makes a Kinyan on the Karka he is Koneh the servants along with the Karka.
 
Shmuel says if someone is buying ten fields from one person when as he makes a Chazakah on one field he is Koneh all ten fields. (5)
 
If an animal damages property of Hekdesh of which there is no Chiyuv Me'ilah the owner of the animal is Patur for the damages.
 
If an animal damages Kodshim Kalim according to Rebbi Yosi ha'Glili the owner of the animal is Chayav for the damages (6)
 
If someone denies with a Shevu'ah that he was given a Shelamim to guard and he subsequently admits that he was lying he is Chayav a Korban Shevu'ah according to Rebbi Yosi ha'Glili. (7)
 
If a person is Mekadesh a woman with his portion of a Korban she is not Mekudeshes even according to Rebbi Yosi ha'Glili because everyone agrees that one's portion of a Korban is not his property and it is given to him from the Shulchan Gavohah.
 
A Bechor may be sold if it is a Tam while it is still alive and it is a Ba'al Mum it may be sold even after it was slaughtered and one may be Mekadesh a woman with it. (8)
 
A Bechor that does not have a Mum may only be sold nowadays or in Chutz la'Aretz since it is not brought as a Korban it is the possession of the Kohen, but in the time of the Beis ha'Mikdash it may not be sold. (9)

A BIT MORE

1. Because according to R. Elazar a servant shares the same status as Karka and therefore may be collected from the buyer or inheritor.
 
2. The Tana of this Beraisa holds that a servant does not have the status of Karka.
 
3. However there is a conflicting Beraisa which states that movable objects may be acquired with a Kinyan Agav together with servants.
 
4. Even according to the opinion that a servant does not have the status of a Karka however one is Koneh objects that are on the servant with a Kinyan Chatzer.
 
5. He is Koneh all ten fields because all lands are attached, however if one is acquiring land together with a servant even according to the opinion that a servant has the status of Karka if he makes a Chazakah on the Karka he is not Koneh the servant if the servant is not standing on the land because the servant and the land are not attached,..
 
6. Rebbi Yosi ha'Glili holds that Kodshim Kalim are the property of the owner and there is no Chiyuv Me'ilah for someone who benefits from it and therefore the owner is Chayav for the damages.
 
7. Even though a person is not Chayav a Shevu'ah for Kodshim, however since Kodshim Kalim is the property of the owner it is not regarded as Hekdesh.
 
8. A Bechor is regarded as the property of the Koehn and it may be sold but a Tam that is Shechted may not be sold because it is forbidden to derive benefit from it and it must be buried since it is Kodshim that was Shechted outside the Beis ha'Mikdash.
 
9. This is in accordance with the opinion of R. Shimon who holds that l'Chatchilah a Bechor is Chutz la'Aretz is not brought as a Korban.

BRIEF INSIGHT

A KORBAN SHEVU'AH
 
If someone denies with a Shevu'ah that he was given a Shelamim to guard and he subsequently admits that he was lying he is Chayav a Korban Shevu'ah according to Rebbi Yosi ha'Glili who holds that Kodshim Kalim are the property of the owner. The Ketzos ha'Choshen asks that although Kodshim Kalim are the property of the owner, however it is forbidden to derive benefit from it and therefore the Shomer is not denying any money so why is he Chayav a Korban Shevu'ah? The Maharitz Chiyus answers that he is Chayav a Korban Shevu'ah for Kodshim that he is Chayav to replace if it gets lost, since the replacement costs money even though the Korban is forbidden b'Hana'ah it is regarded as if he denied money.

QUICK HALACHAH

KINYAN AGAV
 
If someone is Makneh Karka and Metaltelin at the same time as soon as the Koneh makes a Kinyan on the Karka he is Koneh the Metaltelin along with it, whether both of them are purchases or gifts or even if one of them is a purchase and the other is a gift, when he is Koneh the Karka he is Koneh the Metaltelin along with it. According to some opinions even if the Karka is rented and the Metaltelin are a gift when he makes a Kinyan ion the Karka he is Koneh the Metaltelin. (Shulchan Aruch CM 202:1)

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