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BAVA KAMA 66

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PAST DEDICATION
BAVA KAMA 66-67 - Dedicated by Drs. Shalom and Syma Kelman of Baltimore in honor of their children and grandchildren.

SUMMARY

Beis Shamai holds that if someone gives a woman an animal for an Esnan and it gives birth the offspring may be brought as a Korban; however an Esnan itself may not be brought on the Mizbe'ach even if it underwent a Shinuy.
 
Beis Hillel holds that if an Esnan underwent a Shinuy it may be brought on the Mizbe'ach.
 
Rav says that the principle of a Geneivah is paid according to the value at the time it was stolen but the Kefel or four and five is paid according to the value at time of the Din.
 
If a person stole a lamb and repays the Geneivah with lambs even the Kefel and four or five is paid according to the value at the time it was stolen.
 
If someone steals wood and makes utensils out of them or steals wool and makes clothing out of them he is Koneh the stolen object with a Shinuy and he pays instead the value.
 
If a person shears the wool from his sheep and than he dyes it he is Patur from Reishis ha'Gez (first of the shearing). (1)
 
A person is Koneh an Aveidah if he picked up after Yi'ush.
 
Rabah says that a Ganav is Koneh the stolen item after Yi'ush, but it is a Safek if he is Koneh d'Oraisa or only d'Rabanan. (2)
 
R. Yosef says that a Ganav is not Koneh with Yi'ush even mid'Rabanan.
 
If someone steals Chametz before Pesach he may return it after Peach even though it is forbidden to derive benefit from it. (3)
 
If someone steals the mat of his friend it is not susceptible to the Av ha'Tum'ah of Tum'as Mishkav if a Zav lays on it. (4)
 
If someone steals the Korban that his friend was Makdish and brings it as a Korban it is not a valid Korban.
 
A hide that is owned by a private person is susceptible to Tum'ah as soon as he decides that he will keep the hide the way it is and he will not make shoes out of them.
 
The hide of a merchant is not susceptible to Tum'ah even if he decides that he will keep it the way it is. (5)
 
The Tana Kama says that if a Ganav steals a hide it is susceptible to Tum'ah as soon as he decides that he will keep the hide the way it is because he is Koneh with Yi'ush.
 
If a Gazlan steals a hide it is not susceptible to Tum'ah even if he decides that he will keep it the way it is because he is not Koneh with Yi'ush. (6)
 
R. Shimon holds the opposite of the Tana Kama that a Gazlan is Koneh with Yi'ush but not a Gazlan. (7)
 
When a utensil requires more work before it is completed it is not yet susceptible to Tum'ah except for an Itzteba (a table) which is susceptible to Tum'ah even though it still requires some carving because the carving is purely decorative.
 
A Shinuy ha'Shem is Koneh just like a Shinuy Ma'aseh.
 
If someone steals a beam and uses it when he builds a house the Rabanan decreed that he may return the value instead of the beam in order to encourage him to do Teshuvah.

A BIT MORE

1. He is Koneh the Reishis ha'Gez with a Shinuy and he is completely Patur and he does not even have to given money because if a Kohen makes a claim on the money he can say I want to give it to a different Kohen.
 
2. However, even though the Ganav is Koneh with Yi'ush he must pay the value of the stolen time to the owner.
 
3. Because it an indiscernible Hezek. Even though the owner was definitely Meya'esh when it reached Pesach, however the Ganav did not want to be Koneh the Chametz and therefore the Yi'ush was not effective.
 
4. However, it does become a Rishon l'Tum'ah if the Zav comes into contact with it.
 
5. Because it he may change his mind and sell the hide and the buyer may very well make shoes out of them and therefore it is not yet completed and is not yet susceptible to Tum'ah.
 
6. The Tana Kama holds that a Gazlan is not Koneh with Yi'ush because the owner is not Meya'esh since he knows who stole it and plans to recover the stolen object, while a Ganav is Koneh with Yi'ush since the owner does not know who stole it he is Meya'esh.
 
7. R. Shimon holds that the owner is not Meya'esh when an object is stolen by a Ganav because he thinks that he will find out who stole it and take him to Din, while he is Meya'esh when it stolen by a Gazlan because since he couldn't stop the Gazlan at the time that he stole it even though he stole it right in from of him he does not think that he will ever recover the stolen object.

BRIEF INSIGHT

YI'USH
 
The Beraisa states that if someone steals a Korban of his friend and brings it as a Korban it is not a valid Korban. The sat in the Havah Amina that it is not a valid Korban even if the owner was Meya'esh because Yi'ush is not Koneh. If Yi'ush is not Koneh how can the Ganav be Makdish the animal? Tosfos Rabeinu Peretz answers that even though Yi'ush is not Koneh however together with Shinuy Reshus it is Koneh and when he is Makdish it, it is a Shinuy Reshus. However, that leads to another question if he is Koneh with a Shinuy Reshus why isn't it a valid Korban. Tosfos Rabeinu Peretz answers that it is a Mitzvah ha'Ba b'Aveirah. However if Yi'ush was Koneh without a Shinuy Reshus it would be a valid Korban and it would not be considered a Mitzvah ha'Ba b'Aveirah because it is only a Mitzvah ha'Ba b'Aveirah when he is Koneh it with the same act that makes it Hekdesh. If Yi'ush was Koneh without a Shinuy Reshus he is first Koneh it and only after that he is Makdish it and therefore it is not a Mitzvah ha'Ba b'Aveirah.

QUICK HALACHAH

A GAZLAN
 
A Gazlan must return the stolen object itself but if it is lost or underwent a Shinuy he must return the value instead, whether he admits the Gezeilah or witnesses testify against him. Even if he stole a beam and used it in the construction of a house Min ha'Torah he must knock down the house in order to return the beam, however the Rabanan decreed that he may return the value instead in order to encourage a Gazlan to do Teshuvah. (Shulchan Aruch CM 360:1)

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