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BAVA KAMA 64

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PAST DEDICATION
BAVA KAMA 64 (6 Adar) - dedicated by the Feldman family in memory of their father, the Tzadik Harav Yisrael Azriel ben Harav Chaim (Feldman) of Milwaukee.

SUMMARY

A Prat u'Chlal includes everything and Klal and a Klal u'Frat includes only the Prat.
 
According to Tana D'Vei R. Yishmael the second Klal of a Klal Prat u'Chlal does not have to be the same as the first Klal.
 
We cannot learn out of a Klal Prat u'Chlal more than what can be learned out of the second Klal. (1)
 
In Ma'arava they said that when there are two Kelalim next to each other we place the Prat between them and it is regarded as a Klal Prat u'Chlal.
 
R. Yishmael says that when there are two Kelalim next to each other it is learned out with a Ribuy Mi'ut and Ribuy. (2)
 
A Ganav does not pay Kefel for Karka, servants or Shetaros.
 
Rav says that a Ganav pays back the principle of a stolen object in accordance with its value at the time that it was stolen.
 
Someone who admits to a Knas is Patur, however if after he admits to the Knas and witnesses testify that he is Chayav it is a Machlokes whether he is Chayav to pay the Knas.
 
Every Parshah in the Torah that is repeated was only repeated for a Chidush that is found in the second Parshah which is not found in the first Parshah.
 
Although a Shomer who claims that the objects he was guarding was stolen only pays Kefel if he swore falsely a regular Ganav pays Kefel even without a Shevu'ah.

A BIT MORE

1. The second Klal includes items that are excluded from the Klal u'Frat because without the second Klal it would be a Klal u'Frat and it would only include the Prat.
 
2. With a Ribuy Mi'ut and Ribuy everything is included except for one item that is excluded from each Mi'ut.

BRIEF INSIGHT

TO'EN TA'ANAS GANAV
 
A separate Pasuk is needed to exclude Karka, Avadim and Shetaros from the payment of Kefel for both a Ganav and for a Shomer who claims that the guarded object was stolen. Why is a Pasuk needed for both? If these items are excluded for a Ganav certainly they are excluded for a Shomer who claims that the guarded object was stolen? The Tosfos Rabeinu Peretz and the Maharam answer that I may have thought that a Shomer is more severe than a regular Ganav because he swore falsely and therefore even though a Ganav is excluded from paying Kefel for Karka, Avadim and Shetaros maybe a Shomer is Chayav Kefel even for these items therefore a separate Pasuk is needed for both.

QUICK HALACHAH

MODEH B'KENAS
 
If two Kosher witnesses testify that someone stole something he is obligated to pay Kefel to the owner of the stolen object. If he stole one Dinar he must pay two, if he stole a donkey or a garment or a camel he must pay double the value. Therefore it turns out that the Ganav loses the amount that he attempted to cause his friend to lose. If a Ganav admits on his own that he stole he pays the principle and he is Patur from Kefel. The same is true regarding all Kenasos that someone who admits is Patur. (Rambam Hilchos Geneivah 1:4, 5)

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