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BAVA KAMA 77

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PAST DEDICATION
BAVA KAMA 77 - Dedicated by Harav Shlomo Weinberger of Brooklyn, NY, in memory of his father, Reb Chaim Tzvi ben Reb Shlomo Weinberger whose Yahrzeit is 18 Adar. Reb Chaim Tzvi, a Holocaust survivor who raised his family in a new country, bequeathed his children steadfast commitment to Torah and its study.

SUMMARY

R. Shimon says that a Parah Adumah is Mitamei Tum'as Ochlin because the meat is fit to be eaten after the Shechitah if it is redeemed. (1)
 
R. Shimon holds that a Parah Adumah may be redeemed even if has already been Shechted for the Tamei Mesim.
 
R. Shimon holds that anything that is fit to be redeemed is as if it has been redeemed.
 
R. Yochanan says that according to R. Shimon if a Ganav steals a Tereifah and sells it he is Chayav four or five even though he is not Chayav four or five for the Shechitah of a Tereifah. (2)
 
Reish Lakish says that according to R. Shimon if a Ganav steals a Tereifah and sells it he is Patur from paying four or five because anytime a Ganav is not Chayav for Shechitah he is also not Chayav for Mechirah.
 
A Ganav who steals an animal that is Kilayim (mixed breed) is Chayav four or five if he Shechts it or sells it.
 
Rava says that anytime the Torah states 'Seh' (a lamb) an animal of Kilayim is excluded.
 
An animal that is Kilayim or a Nidmeh (an animal that doesn't look like its forbearers) may not be brought as a Korban.

A BIT MORE

1. According to R. Shimon food that is forbidden b'Hana'ah is not Mitamei Tum'as Ochlin, however if it was fit to be eaten if it would be redeemed it is Mitamei Tum'as Ochlin even if it was not redeemed because an animal that is fit to be redeemed is as if it has already been redeemed.
 
2. R. Shimon holds that a Shechitah which does not permit the meat to be eaten is not a Shechitah and therefore a Ganav is not Chayav four or five for Shechting a Tereifah, even so he is Chayav for the Mechirah of a Tereifah according to R. Yochanan.

BRIEF INSIGHT

TEVICHAH AND MECHIRAH
 
Reish Lakish says that according to R. Shimon if a Ganav steals a Tereifah and sells it he is Patur from paying four or five because anytime a Ganav is not Chayav for Shechitah he is also not Chayav for Mechirah. Tosfos asks that the Mishnah states that a Ganav is Chayav for selling a Shor on Shabbos even though he is not Chayav for Shechting it on Shabbos. Tosfos answers that since he is Chayav for Shechting it on a weekday it is regarded as if he is also Chayav for Tevichah. Tosfos Rabeinu Peretz answers that since he is Chayav for appointing a Shali'ach to Shecht it is regarded that he is Chayav for Tevichah. The Sefer Darkei Dovid answers that since he is Chayav B'Yedei Shamayim if he Shechts it on Shabbos even though he is only Patur B'Yedei Adam because of Kim Lay bede'Rabah Minei it is regarded as if he is Chayav for Tevichah.

QUICK HALACHAH

KILAYIM
 
Someone who steals Kilayim that comes from a Seh and another type of animal or someone who steals a Tereifah or an animal that is missing a limb or is blind or an animal that belongs to partners and he Shechts it or sells it he must pay four or five. (Rambam Hilchos Geneivah 2:9)

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