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BAVA KAMA 68

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BAVA KAMA 68 (3 Av) - dedicated l'Iluy Nishmas Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz/Israel/New York), who passed away on 3 Av 5761, by his daughter Diane Koenigsberg and her husband Dr. Andy Koenigsberg. May his love for Torah and for Eretz Yisrael continue in all of his descendants.

SUMMARY

The Torah obligates a Ganav to pay four or five if he slaughters or sells the stolen ox or lamb because he has repeated the sin.
 
If someone steals an ox or a lamb and sells it for a period of thirty days he does not pay four or five.
 
If someone steals an object and it is stolen from him before Yi'ush the first Ganav pays Kefel and the second Ganav pays only the principle to the first Ganav. (1)
 
If someone steals an ox or lamb and sells it before Yi'ush if is stolen from him the first Ganav pays four or five and the second Ganav pays only the principle.
 
If someone steals an ox or lamb and slaughters it before Yi'ush and is stolen from him the first Ganav pays four or five and the second Ganav pays Kefel to the first Ganav. (2)
 
Beis Shamai holds that a Ganav is not Koneh a stolen object with a Shinuy.
 
According to Rav who holds that Yi'ush is Koneh if a Ganav sells a stolen ox or cow after Yi'ush he does not pay four or five.
 
If a Ganav sells an ox or cow before Yi'ush and the owner is Meya'esh while it is in the possession of the buyer and than it is stolen again the first Ganav pays four or five and the second Ganav pays Kefel to the buyer.
 
If a Ganav sells an ox or lamb before Yi'ush according to R. Nachman he is Chayav four or five, while according to R. Sheshes he is Patur since a sale prior to Yi'ush is not a valid sale.
 
R. Elazar holds that a Ganav is only Chayav four of five for selling an ox or lamb if he does so after Yi'ush. (3)
 
R. Elazar says that even if we do not know for a fact that the victim of a Geneivah was Meya'esh we assume that he was in fact Meya'esh.
 
R. Yochanan holds that a Ganav is Chayav for slaughtering or selling an animal both before and after Yi'ush.
 
Reish Lakish holds that he is only Chayav before Yi'ush but not after Yi'ush. (4)
 
If a Ganav is Makdish a stolen animal and then he slaughters it or sells it he pays Kefel, but not four or five.
 
R. Yochanan says that a Ganav cannot be Makdish a stolen object before Yi'ush because it is not his and the owner also cannot be Makdish it because it is not in his Reshus.
 
The Tzenu'im would redeem all of the Kerem Reva'i that was picked from their field so that the people who picked it would not transgress the prohibition of eating Kerem Reva'i outside of Yerushalayim. (5)
 
If the owner is Makdish the stolen object while it is in the hands of the Ganav but before the Din the Ganav is not obligated to pay Kefel because it is regarded as if he already returned the Keren.
 
Rava says that if the Beis Din tells the Ganav go out and pay for the Geneivah he is now considered a Gazlan and if he slaughters it or sells it he does not pay four or five.

A BIT MORE

1. The second Ganav does not pay Kefel because someone who steals from a Ganav does not pay Kefel or four or five.
 
2. Even though someone who steals from a Ganav does not pay Kefel since the first Ganav is Koneh when he slaughters it with a Shinuy Ma'aseh the second Ganav must pay Kefel to the first Ganav.
 
3. R. Elazar holds that Yi'ush is not Koneh and therefore he is Chayav for Shechitah and Mechirah after Yi'ush.
 
4. Reish Lakish holds that a Ganav is Koneh with Yi'ush while R. Yochanan argues.
 
5. The Tzenu'im argue with R. Yochanan who holds that a person cannot be Makdish something that is not in his Reshus because according to R. Yochanan a person also cannot redeem something that is not in his Reshus.

BRIEF INSIGHT

YI'USH SHE'LO MI'DA'AS
 
R. Elazar says that just as if a Ganav slaughters a stolen animal immediately after Geneivah he is Chayav so too if a Ganav sells the stolen animal immediately after Geneivah he is Chayav. Tosfos asks that according to R. Elazar a Ganav is only Chayav four or five for selling the animal if he does so after Yi'ush and if he sells it immediately before the owner finds out that it is stolen it is Yi'ush she'Lo mi'Da'as and it is not an effective Yi'ush. Tosfos answers that regarding Shechitah as well it is not usual for the Ganav to slaughter the animal immediately until he brings it to his house and in that amount of time the owner generally has already found about the Geneivah and it is no longer Yi'ush she'Lo mi'Da'as.

QUICK HALACHAH

SELLING PRIOR TO YI'USH
 
A Ganav who stole an ox or a lamb and Shechted or sold the Geneivah prior to Yi'ush even though the buyer was not Koneh the stolen object and it must be returned, the Ganav pays four or five and certainly if he Shechted it or stole it after Yi'ush he must pays four or five because his actions were effective and the buyer is Koneh. (Rambam Hilchos Gerushin 1:16)

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