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BAVA KAMA 63

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SUMMARY

A donkey is the only non-Kosher animal that has Kedushas Bechor.
 
The Neveilah of a Kosher bird is Metamei the clothing of the person only while he is swallowing it.
 
Kesef Ma'aser Sheni may be used in Yerushalayim to buy any food that develops from a food and that grows from the ground. (1)
 
A Ganav does not pay Kefel for Karka, servants, Shetaros or for something that the owner does not have a Siman on.
 
If someone who finds an Aveidah claims that it was stolen and the Aveidah is found in his possession he is Chayav Kefel.
 
If someone who is guarding an object swears that it was lost and witnesses testify that he consumed it he must pay the principle. If he admits on his own that he consumed it he pays an additional fifth and he brings an Asham. (2)
 
If someone who is guarding an object swears that it was stolen and witnesses testify that he stole it he pays Kefel. If he admits on his own he pays an additional fifth and he brings an Asham. (3)
 
R. Chiya Bar Abba says that if someone who is guarding an ox or lamb claims it was stolen, if it is found in his hands he pays Kefel. If he slaughters it or sells it he pays four or five.

A BIT MORE

1. An animal is included because it is produced from another animal and even though it does not grow from the ground it grazes from the ground. Water, salt, mushrooms and fish are excluded. Even though fish are produced from other fish they do not grow from the ground and do not graze from the ground.
 
2. He only pays Kefel if he claims it was stolen, not if he claims it was lost. He brings an Asham Gezeilos and pays a Chomesh only if he admits it, not if witnesses testify that he stole it.
 
3. Someone who claims that it was stolen only pays Kefel if he swears falsely.

BRIEF INSIGHT

A SHEVU'AH ON KARKA
 
Why is it necessary for the Pasuk to exclude Karka from Kefel when a Shomer claims that the object he was guarding was stolen? A Shomer who claims that it was stolen only pays Kefel if he swore falsely and Karka is excluded from a Shevu'ah. The Rashba answers that the Pasuk excluded Karka even though it is excluded from a Shevu'ah because sometimes a Shomer is required to swear even on Karka with a Gilgul Shevu'ah. If the Shomer was Chayav a Shevu'ah for something other than Karka he can be forced to swear on Karka as well.

QUICK HALACHAH

THE CHIYUVIM OF A SHOMER CHINAM
 
A Shomer Chinam is Patur from a Shevu'ah from Geneivah and Aveidah and he is only Chayav to pay for negligence. (Shulchan Aruch CM 291:1)
 
If it was stolen or lost as a result of his negligence he is Chayav. (Sma)

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