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BAVA KAMA 70

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SUMMARY Although Rebbi Yochanan holds that the Halachah is like a Stam Mishnah but if it is the opinion of a Yachid (a lone opinion of one of the Tana'im) the Halachah is not like the Stam Mishnah.   Neharda'a says that a person may not write an Urchesa (a Shtar that gives over a Pikadon to a Shali'ach allowing him to collect it from the Nifkad) for Metaltelin. (1)   Rebbi Yochanan says that a Ganav cannot be Makdish a stolen object before Yi'ush because it is not belong to him and the owner also cannot be Makdish it because it is not in his Reshus.   According to the second Lashon of Neharda'a an Urchesa may be written on Metaltelin unless the Nifkad denied in Beis Din that he was given the Pikadon. (2)   If it is not written in the Urchesa that the Shali'ach may go to Din and take the object for himself it is not effective because the Nifkad can tell the Shali'ach you are not my Ba'al Davar.   If he writes in the Urchesa that you may take half or a third of the Metaltelin for yourself it is effective since a portion of it belongs to him he may go to Din on the entire thing.   Ameimar says that if an Urchesa is written and the Shali'ach grabs the Metaltelin for himself he may keep it.   Rebbi Ashi says that since it is written in the Urchesa that he must accept responsibility for what happened in Din he is only a Shali'ach and if he grabs the Metaltelin he may not keep it.   According to the second Lashon of Rebbi Ashi the Shali'ach is a partner and if he grabs it he may keep half for himself.   If two witnesses testify that someone stole and the same witnesses or other witnesses testify that he Shechted or sold it he pays four or five.   If someone steals an animal and sells it on Shabbos, or to an Avodah Zarah, or he slaughters it on Yom Kippur he pays four or five. (3)   If someone steals from his father and he slaughters or sells it before the death of his father he must pay four or five.   If someone steals and slaughters the animal and than he is Makdish it he must pay four or five.   If someone steals and slaughters an animal for the purpose of using the meat for medical purposes or to feed it to a dog he must pay four or five.   If someone steals and slaughters an animal and it turns out to be a Tereifah or if he slaughters Chulin in the Azarah according to the Tana Kama he must pay four or five, while Rebbi Shimon argues. (4)   If there is a different set of witnesses for each year of a three Chazakah on Karka according to the Tana Kama it is a valid Chazakah, while Rebbi Akiva argues because each set of witnesses are only testifying half of the testimony.   Rebbi Akiva admits that if two witnesses testify that a woman accepted Kidushin and two other witnesses testify that she was Mezaneh she is Chayav Misah. (5)   If two witnesses testify that a girl has one hair on her back and two other witnesses testify that she has one hair on her front even according to the Rabanan it is considered half of a testimony and she is not a Gedolah.   Rami Bar Chama says if someone steals an animal and sells it and the buyer tells him to pick a fig from my orchard for payment if the Ganav picks it on Shabbos he is Patur from four or five since he is Chayav Misah.   If someone steals an animal and sells it on Shabbos if the Ganav throws the animal from a Reshus ha'Rabim into the Chatzer of the buyer and he says that you shall only be Koneh the animal when it lands in the Chatzer he is Patur from four or five since he is Chayav Misah. (6)   If someone gives an Esnan in exchange for Znus with his mother it is forbidden to be brought on the Mizbe'ach even though Beis Din does not force him to give the Esnan since he is Chayav Misah. A BIT MORE 1. Since it is not in the Reshus of the owner he may not be Makneh it to the Shali'ach just like a Nigzal cannot be Makdish the stolen object since it is not in his Reshus.   2. If the Nifkad denied that he has the Pikadon he may not write an Urchesa because it seems like a falsehood as he is giving something to the Shali'ach that does not belong to him.   3. There is no Kim Lay bede'Rabah Minei in these cases because he is not Chayav Misas Beis Din for any of these things even though he is Chayav Kares for slaughtering on Yom Kippur he is Chayav to pay.   4. Rebbi Shimon holds that a Shechitah that does not permit the meat to be eaten is not considered a Shechitah.   5. Even though the Eidei Bi'ah need the Eidei Kidushin, however since the Eidei Kidushin do not need the Eidei Bi'ah it is not considered half of a testimony.   6. According to Rebbi Akiva who holds that Kelutah Kemi she'Hunchah even if he does not say that you shall only be Koneh the animal when it lands in the Chatzer he is Patur from four or five because the Chiyuv for Shabbos and the Kinyan occur at the same exact time which is as soon as it enters the Chatzer.

BRIEF INSIGHT STEALING FROM A FATHER   If someone steals from his father and he slaughters or sells it and than his father dies he must pay four or five. However, since he inherits a portion of the animal he only is obligated pay the portion that belongs to his bothers and he is Patur from paying for the rest. The Rashash says that if he does not have any brothers he is completely Patur. Even though the Mishnah states later on that if someone steals from his father and than his father dies he must pay other relatives of the father even if he is the sole inheritor of his father that is because he swore falsely that he did not steal, but if he did not swear he is not obligated to pay since he is the sole inheritor of the father. QUICK HALACHAH A HARSHA'AH   Someone who empowers his friend to be Motzi his possessions from a Muchzak must give it to him with a Kinyan and he must write “go to Din and be Zocheh it for yourself” and if he does not write that the Machzik does not have to give it to him and he can say that you are not my Ba'al Davar. However, even if he does not write those words and the Machzik gave the item to the Shali'ach anyway if it gets lost the Machzik is Patur because it is no worth than if he had made a Shali'ach with witnesses. (Shulchan Aruch CM 122:4)

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