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BAVA KAMA 75

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BAVA KAMA 75 (9 Av) - The Daf for Tisha b'Av this year has been dedicated by Mrs. Gitti Kornfeld in memory of her father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel, whose Yahrzeit is on 10 Av.

SUMMARY

If a person admits a Knas outside of the Beis Din it is not a Hoda'ah and he is not Patur from the Knas.
 
If a person admits a Knas and subsequently witnesses testify that he is Chayav Rav says that he is Patur and Shmuel says that he is Chayav.
 
If a person admits that he stole but denies that he Shechted or sold the stolen animal and subsequently witnesses testify that he stole and Shechted or sold the animal the Tana Kama holds he is Patur. (1)
 
R. Elazar Bar Shimon holds that if witnesses subsequently testify he is Chayav.
 
Rav says that R. Elazar Bar Shimon only holds he is Chayav if he only admitted because he saw that the witnesses were about to testify but if he did not know that witnesses were about to testify he is Patur.
 
Rav Hamnuna says that according to Rav someone who admits a Knas is Patur even if witnesses subsequently testify only if he is Mechayev himself the Keren with his Hoda'ah.
 
However if a Ganav denies that he stole and after witnesses testify that he stole he admits that he Shechted or sold the stolen animal he is Chayav even according to Rav if witnesses subsequently testify because he is not Mechayev himself the Keren with his Hoda'ah.
 
If two witnesses testify that someone stole and one witness testified or the Ganav admits that he Shechted or sold the stolen animal he is Chayav Kefel but he is Patur from four or five.
 
A Ganav who Shechts the stolen animal is Chayav four or five but not three or four, therefore if he admits that he stole and he is Patur from Kefel he is also Patur from four or five.
 
If two witnesses testify that someone stole and two other witnesses testify that he Shechted or sold the stolen animal if the first two witnesses are Nizam the second testimony is also void because if he didn't steal he also didn't Shecht or sell the animal.
 
If the latter pair of witnesses are Nizam the Ganav pays Kefel and the Eidim Zomemim pay three to the Ganav.
 
If witnesses can't become Zomemim their testimony is not valid.
 
Sumchus says that the testimony of witnesses who can't become Zomemim is only void is they are not aware of the time or date of the incident but if the Ganav admits that he stole in front of the witnesses their testimony is valid. (2)

A BIT MORE

1. The Tana Kama holds that someone who admits a Knas is Patur even if witnesses subsequently testify. Even though he denied Shechting or selling the stolen animal since he admitted stealing the animal and he is Patur from Kefel he is also Patur from four or five because a Ganav only pays four or five not three or four.
 
2. If the witnesses do not know the date or time of the incident their testimony is void because it raises suspicion that they are refusing to give the date or time because they are afraid that they will be Nizam, but if they can't be Nizam because the Ganav acknowledges that he stole in front of them that lends credence to their testimony and their testimony is valid according to Sumchus.

BRIEF INSIGHT

MODEH B'KNAS
 
R. Gamliel blinded the eye of Tavi his servant and according to one opinion he admitted in Beis Din and therefore Tavi would not go free even if witnesses subsequently testify according to Rav. The Rashba says that when someone admits a Knas even if the claimant is Tofes (grabs) the Knas he may not keep it because a servant is Tofes on himself and even so Tavi did not go free. Moreover the Yerushalmi learns from here that a person who admits a Knas is Patur even b'Yedei Shamayim because if he is Chayav b'Yedei Shamayim R. Gamliel would have freed Tavi to be Yotzei B'Yedei Shamayim.

QUICK HALACHAH

FALSE EIDIM
 
If two people testify that someone stole and Shechted or sold and they were Nizam they must pay for everything. If two people testify that he stole and another two people testify that he Shechted or sold and both pairs of witnesses were Nizam the first pair pays Kefel and the second pair pays two or three. If the second pair was Nizam the Ganav pays Kefel and the second pair pays the Ganav the payment of four or five. If one of the second pair of witnesses was Nizam the second pair of witnesses are void. If one of the first pair of witnesses was Nizam the entire Eidus is void because if he didn't steal the Tevichah or Mechirah is not Mechayev him anything. (Rambam Hilchos Eidus 21:6)

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