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BAVA KAMA 78

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PAST DEDICATION
BAVA KAMA 78 - Dedicated in celebration of the birth of Noa bas Gidon Yakov ha'Kohen (of Bnei Brak) by her grandparents in Yerushalayim.

SUMMARY

An animal that is Kilayim or a Nidmeh may not be brought as a Korban.
 
An animal that is Kilayim is Patur from Ma'aser Beheimah and does not have Kedushas Bechorah.
 
A Nidmeh does not have Kedushas Bechorah.
 
A Peter Chamor may not be redeemed with a calf, a Chayah, an animal that was Shechted, a Tereifah, or an animal that is Kilayim, or with a Koy.
 
R. Elazar holds that an animal that is Kilayim may be used to redeem a Peter Chamor because it is a Seh.
 
An animal that is born from a non-Kosher father and a Kosher mother may not be eaten. (1)
 
R. Shimon holds that if Kosher animals that produced an offspring without split hooves the offspring is not Kosher. (2)
 
If someone vows that he will bring an Olah he may bring a lamb for an Olah but not a bird, R. Elazar Ben Azaryah holds that he even may bring a bird for an Olah.
 
If someone vows that he will bring an Olah and he separates a Shor for an Olah and it is stolen the Ganav may pay back the owner with a lamb according to the Rabanan and a bird according to R. Elazar Ben Azaryah. (3)
 
If a Ganav sells a stolen animal with the exception of one hundredth, or if the Ganav was a partner in the stolen animal he pays Kefel but not four or five.
 
If a Ganav Shechts a stolen animal and it becomes a Neveilah in the process of Shechitah, or if he rips it to death or pulls out the windpipe until it dies he pays Kefel but not four or five.
 
If s Ganav steals a lamb and sells it with the exception of the shearings he does not pay four or five according to the Tana Kama.
 
Rebbe says if the Ganav sells everything except for a vital limb (without which it would be a Tereifah) he doesn't pay four or five.
 
R. Shimon Ben Elazar says if the Ganav sells everything except for the horn he doesn't pay four or five, but if he doesn't include the shearing in the sale he pays four or five. (4)
 
In the second Lashon R. Shimon Ben Elazar says that if the Ganav excludes a leg from the sale he doesn't pay four or five but if he excludes the horn or the shearing he pays four or five.
 
If a Ganav steals an animal that is missing a leg and he sells it or if he steals an animal that belongs to partners and he sells it he pays four or five.
 
If one partner steals a Shor from the other partner and Shechts it or sells it he is Patur from paying four or five.
 
If two partners steal a Shor and one of the partners Shechts it with the Da'as of the other partner they pay four or five. (5)
 
If one partner Shechts the Shor without the Da'as of the other partner they are Patur from four or five. (6)
 
'
 
If a Ganav steals an animal and sells it on condition that he still owns it for thirty days or on condition that he can do Melachah with it is a Safek if he pays four or five.
 
If a Ganav steals a pregnant animal and sells it on condition that he keeps the baby for himself according to the opinion that a baby is considered a limb of the mother it is an exclusion and he doesn't pay four or five.
 
According to the opinion that a baby is not considered a limb of the mother if the baby is excluded from the sale it is a Safek if he pays four or five.
 
If someone steals a Shor and cuts off a limb and sells it there is a Safek if he is Chayav four or five.

A BIT MORE

1. Although it is impossible for a non-kosher animal to produce an offspring with a Kosher animal, however an animal that was born from Kosher animals but does not have split hooves is regarded as a non-Kosher animal according to R. Shimon and it could produce offspring with a Kosher animal.
 
2. However R. Yehoshua argues and he holds that the offspring is Kosher however if the offspring produces offspring the offspring is not Kosher even if it produces offspring with a Kosher animal.
 
3. Even though he stole a Shor since the Shor was Hekdesh he is Patur from paying back the Shor, however according to R. Shimon since the owner is Chayav to replace the Korban he must pay for the replacement value and the replacement value is a lamb or a bird because if the owner chooses he could bring a lamb or bird instead of a Shor.
 
4. The horn is not meant to be cut off and therefore it is considered an exclusion from the sale, but the shearing is meant to be cut off and therefore it is not an exclusion from the sale.
 
5. The two partners must pay between them four or five because with regards to Tevichah we say Yesh Shali'ach l'Dvar Aveirah and therefore it is as if they both Shechted their portion of the animal and both of them are Chayav.
 
6. Since he was not authorized to Shecht the portion of his friend it is considered that someone other than the Ganav Shechted the animal which is Patur from four or five. He is Patur for his portion of the animal as well because a Ganav is not Chayav four or five unless the entire animal was Shechted b'Chiyuva.

BRIEF INSIGHT

PRINCIPLE AND KEFEL
 
If someone vows that he will bring an Olah and he separates a Shor for an Olah and it is stolen the Ganav may pay back the owner with a lamb according to the Rabanan and with a bird according to R. Elazar Ben Azaryah. The Ra'avad says that when the Ganav pays for the principle he must pay a Shor to Hekdesh and it is not sufficient to pay with a lamb, however when he pays the Kefel to the owner according to R. Shimon who holds that there is a Chiyuv Kefel for Kodshim that the owner is Chayav to replace he only has to pay a lamb.

QUICK HALACHAH

CHULIN IN THE AZARAH
 
If a Ganav steals a Shor and Shechts it and it becomes a Neveilah in the process of Shechitah, or if he rips it to death or pulls out the windpipe until it dies he only pays Kefel. But if he Shechts the animal for medicine or to feed it to dogs or if it turns out to be a Tereifah or if it is Chulin that he Shechts in the Azarah he pays four or five. Even though Chulin that is Shechted in the Azarah is forbidden b'Hana'ah since it only Asur d'Rabanan he must pay four or five. (Rambam Hilchos Geneivah 2:8)

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