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BAVA KAMA 67

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

SUMMARY

A person is not Koneh with Shinuy ha'Shem that can revert back to its original name.
 
If a piece of wood was first hollowed out into a pipe and afterwards was placed in the ground the water that runs through it is considered drawn water and it invalidates a Mikvah
 
If the wood was placed in the ground before it was hollowed out the water that runs through it is not considered drawn water and it does not invalidate a Mikvah. (1)
 
A Mikvah is invalidated d'Rabanan with three Lugin of drawn water.
 
If a Ganav or Gazlan or an Anas (a person who took an object by force but paid for it) is Makdish or separated Terumah or Ma'aser from the stolen produce it is valid. (2)
 
It is a Machlokes between the two Leshonos of R. Chisda whether a Ganav is Koneh with a Shinuy.
 
If a person steals and swears that he did not steal and subsequently admits that he swore falsely he must pay an additional fifth, but if he dies his son is not obligated to pay the additional fifth.
 
Ula holds that a Ganav is not Koneh with Yi'ush.
 
A Ganav only pays four or five for stealing and slaughtering or selling an ox or a lamb, but not for any other animal.
 
Someone who steals from a Ganav does not have to pay Kefel or four or five, however if the owner was Meya'esh the first Ganav is Koneh and the second Ganav pays Kefel to the first Ganav.
 
The Torah obligates a Ganav to pay four or five if he slaughters or sells a stolen ox or lamb because he has reinforced the sin.

A BIT MORE

1. Since it was placed in the ground before it was hollowed out it is not considered a utensil.
 
2. Because the Ganav is Koneh with Shinuy ha'Shem.

BRIEF INSIGHT

TWO TYPES OF SHINUY
 
R. Chisda says in the second Lashon that a Ganav is not Koneh with a Shinuy. How can R. Chisda argue with Beis Hillel who stated in the Beraisa that a Shinuy is Koneh? Tosfos answers that R. Chisda is referring to a Shinuy that can revert back to its original state, while Beis Hillel was referring to a Shinuy that cannot revert back to its original state. The Ketzos ha'Choshen answers that R. Chisda holds like the opinion that anytime someone does something that the Torah prohibits it is not effective. Therefore even though Beis Hillel holds that regarding an Esnan a Shinuy permits it to be brought on the Mizbe'ach that is because there is no prohibition from cause a Shinuy to an Esnan. However, it is forbidden to cause a Shinuy to a stolen object and therefore since he did something that is forbidden it is not effective and he will not be Koneh even according to Beis Hillel.

QUICK HALACHAH

THE TERUMAH OF A GANAV
 
If a Ganav or Gazlan or Anas separate Terumah it is valid, however if the owner was running after them it is not valid. (Rambam Hilchos Terumah 4:11)

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