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|BAVA KAMA 71 - Two weeks of study material have been dedicated by Ms. Estanne Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
Rebbi Meir holds that a person may be punished with both Malkus and payment.
Is someone steals and slaughters on Shabbos or slaughters to an Avodah Zarah or steals a Shor ha'Niskal (an ox that will be stoned to death) and slaughters it he pays four or five according to Rebbi Meir, while the Chachamim hold he is Patur. (1)
Even though usually Ein Shali'ach l'Dvar Aveirah and if someone asks a Shali'ach to do an Aveirah for him he is not a Shali'ach however if a Ganav asks a Shali'ach to slaughter the stolen animal the Ganav is Chayav four or five.
Rebbi Shimon holds that a Shechitah which does not permit the meat to be eaten is not considered a Shechitah.
If someone slaughters an animal on Shabbos or Yom Kippur even though he is Chayav Misah or Kares it is a Kosher Shechitah.
If someone cooks on Shabbos b'Shogeg the food may be eaten immediately, but if he cooks b'Mezid it may not be eaten until Motza'ei Shabbos according to Rebbi Meir.
Rebbi Yehudah holds that if someone cooks on Shabbos b'Shogeg the food may not be eaten until Motza'ei Shabbos, but if he cooks b'Mezid he may never eat it but others may eat in on Motza'ei Shabbos.
Rebbi Yochanan ha'Sandlar holds if someone cooks on Shabbos b'Shogeg he may never eat it, but others may eat in on Motza'ei Shabbos, however if he cooks b'Mezid it is forbidden for everyone to eat it.
It is a Machlokes if according to Rebbi Yochanan ha'Sandlar the food that is cooked on Shabbos is forbidden Min ha'Torah or mid'Rabanan.
If someone slaughters an animal to an Avodah Zarah as soon as he starts the Shechitah it is forbidden b'Hana'ah unless he says that the Avodah to the Avodah Zarah is only at the end of Shechitah.
If a Shomer as guarding an ox and it killed a person and there was a Gmar Din that it shall be stoned the Shomer may still return the ox to the owner and he is Patur from paying according to Rebbi Yakov.
Rebbi Shimon holds that if someone steals Kodshim that the owner is responsible to replace he is Chayav Kefel. (3)
If someone steals a Shor from two partners and he slaughters it and subsequently admits to one of them he pays half of four or five to the partner he did not admit to. (4)
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 he slaughters the animal after the death of his father he is Patur from paying four of five.
A BIT MORE
1. Even though he is Chayav Misah for slaughtering on Shabbos or to an Avodah Zarah, however in this case he is Chayav to pay because he didn't slaughter it himself, instead he asked a Shali'ach to slaughter it for him and therefore he is Chayav. The Chachamim hold that he is Patur because they hold like Rebbi Shimon that a Shechitah that does not permit the meat to be eaten is not considered a Shechitah.
2. However according to Rebbi Yochanan ha'Sandlar if someone slaughters on Shabbos b'Mezid the meat is forbidden.
3. Even though a Ganav is not Chayav Kefel for stealing Kodshim, however Rebbi Shimon holds that if the owner made a Neder to bring a Korban and he was Makdish a certain animal it is considered the Mamon of the Makdish since he must pay replace it with a different Korban if it is lost in order to fulfill his Neder.
4. However he is Patur from paying the other half of four or five because Kefel and four or five is a Knas and someone who admits a Knas is Patur from paying.
PAYING BACK TO THE INHERITORS
Is someone steals and asks a Shali'ach to slaughter it for him he is Chayav even if the Shali'ach slaughters it on Shabbos. Even though usually Ein Shali'ach l'Dvar Aveirah, however it is a Gezeiras ha'Kasuv if a Ganav asks a Shali'ach to slaughter the stolen animal the Ganav is Chayav four or five. Nonetheless, the Mishneh la'Melech says that if the Ganav specifically instructs the Shali'ach to slaughter the animal on Shabbos he is Patur from paying four or five because Ein Shali'ach l'Dvar Aveirah. The reason is because that which a Ganav is Chayav four or five with the Shechitah of a Shali'ach is a Chidush and therefore the Chidush only applies when he is making him a Shali'ach for only one Aveirah, however when he is making him a Shali'ach for a second Aveirah we revert back to the Klal of Ein Shali'ach l'Dvar Aveirah.
MISAH AND TASHLUMIM
If someone steals and sells on Shabbos or sells to an Avodah Zarah he is Chayav to pay four or five because he is not Chiyuv Misah for selling it. If he does Melachah on Shabbos at the time that he is selling it he is Patur from four or five. What is the case? For example if he was not Makneh it to the buyer until it lands in his Chatzer and therefore it turns out that when he transfers it from one Reshus to another the Isur Shabbos and Mechirah comes at once. (Rambam Hilchos Geneivah 3:5)
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