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BAVA KAMA 79

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SUMMARY

If a Ganav steals an animal and is Makdish it he pays four or five because there is no difference if someone sells to a Hedyot or to Hekdesh.
 
If a Ganav steals an animal and sells it on consignment or trades it or gives it as a gift or pays off his debts with it or sends it as a gift to the house of his in-laws he pays four or five.
 
If a Ganav steals an animal and gives it to a Shali'ach to Shecht he is Chayav four or five because just like a sale is only possible with another person so too he is Chayav for Tevichah even though it was done by another person.
 
If someone appoints a Shali'ach to do an Aveirah the Shali'ach is Chayav because a person may not be a Shali'ach for an Aveirah with the exception of a Shali'ach for the Tevichah of a stolen animal.
 
If a Ganav steals an animal in the Reshus of the owner and Shechts it or sells it outside of his Reshus or vice versa he is Chayav four or five.
 
If a Ganav steals an animal outside the Reshus of the owner and also Shechts it or sells it outside of the Reshus he is Chayav four or five.
 
If a Ganav steals an animal and Shechts it or sells it in the Reshus of the owner he is Patur from paying four or five. (1)
 
If a Ganav steals an animal and before he completely pulls it out of the Reshus of the owner the animal dies he is Patur. (2)
 
If the Ganav picked up the animal after he stole it or pulled it completely out of the Reshus of the owner and than the animal died he is Chayav.
 
If a Ganav stole an animal and he gave it while it was still in the Reshus of the owner to a Kohen for a Pidyon ha'Ben or to his Ba'al Chov or to a Shomer and before they completely pulled it out of the Reshus it died the Ganav is Patur.
 
If the Kohen or the Ba'al Chov or the Shomer picked it up in the Reshus of the owner or they completely pulled it out of the Reshus of the owner and it died the Ganav is Chayav. (3)
 
A Shomer is not Chayav for the object that he is guarding until he does Meshichah.
 
A person who buys or rents Karka is Koneh with Kesef, Shtar or Chazakah.
 
A buyer is not Koneh Metaltelin (transportable objects) with a Shtar. (4)
 
A person who hides out in a forest and steals animals is considered a Ganav, not a Gazlan, and if he Shechts or sells the animal he pays four or five.
 
If someone hits an animal with a stick in order to prompt it to move it is a valid Kinyan Meshichah. (5)
 
R. Yochanan says that someone who ambushes people on the road is a Gazlan, not a Ganav, while R. Avahu holds that he is a Ganav. (6)
 
The Torah obligates a Ganav to pay four or five because he does not equate the honor of Hashem with the honor of mortals and he makes it as if the Heavenly eye can't see. (7)
 
R. Meir says that the Torah obligates a Ganav to pay five for a Shor because he took it away from its work, and he pays only four for a Seh because he did not take it away from its work.
 
R. Yochanan Ben Zakai says that the Torah obligates a Ganav to pay five for a Shor because it walked on its own and he pays only four for a Seh because he was forced to carry it on his shoulders.
 
It is forbidden to raise small animals in Eretz Yisrael, but they may be raised in Suriyah and in the deserts in Eretz Yisrael. (8)
 
It is forbidden for anyone to raise roosters in Yerushalayim because of the Kodshim that are eaten there, while Kohanim may not raise roosters in all of Eretz Yisrael because they eat Terumah. (9)
 
It is forbidden to raise pigs anywhere and it is forbidden to raise a dog unless he is kept tied to a leash.
 
It is forbidden to put out traps for birds within thirty Ris (four Mil) from a settled area.
 
Even though it is forbidden to raise small animals in Eretz Yisrael it is permitted to raise large animals since they are essential for the work in the fields and the Chachamim do not make a decree unless most of the public can stand by it.
 
Although small animals may not be raised in Eretz Yisrael they may be kept thirty days prior to Yom Tov or to the marriage of a child, but after Yom Tov or the wedding the animal may no longer be kept even if the thirty days are not up.

A BIT MORE

1. Because the Ganav was not Koneh the animal with Meshichah since Meshichah is not Koneh in the Reshus of the original owner. However, if the Ganav does Hagbahah he is Chayav because Hagbahah is Koneh even in the Reshus of the original owner.
 
2. Since he was doing Meshichah and not Hagbahah and he did not manage to pull it out of the Reshus before it died he was not Koneh the animal.
 
3. The Kohen or the Ba'al Chov or the Shomer are the Shali'ach of the Ganav and the Ganav is Koneh with the Kinyan of his Shali'ach. Even though Ein Shali'ach l'Dvar Aveirah, however in this case since the Shali'ach was not aware that the animal was stolen the Meshale'ach is Chayav not the Shali'ach.
 
4. Meshichah or Hagbahah is a valid Kinyan for Metaltelin not a Shtar or Chazakah.
 
5. Since he hides out from people he is regarded as a Ganav, not a Gazlan, even though there is a possibility that he may be seen by the owner at the time that he steals the animal.
 
6. R. Avahu holds that since he hides from people he is a Ganav, while R. Yochanan holds that the only reason that he hides from people is because if people will see him they will run away.
 
7. A Ganav pays four or five because he is scared of people but he is not concerned that Hashem Yisbarach sees him, while a Gazlan does not pay four of five because he steals openly and is unconcerned that people see him and thus he at least equates the honor of Hashem Yisbarach with the honor of mortals.
 
8. Small animals may not be raised in Eretz Yisrael because of the concern that they will stray into private fields and eat the crops, however they may be raised in Suriyah since it is considered part of Chutz la'Aretz even though it was captured by Dovid ha'Melech.
 
9. We are concerned that the roosters will dig in the garbage and drag out a Sheretz and will be Metamei Kodshim in Yerushalayim or Terumah in Eretz Yisrael.

BRIEF INSIGHT

A GIFT TO A KALAH
 
If a Ganav steals an animal and sells it or gives it as a gift or sends it as a gift to the house of his future in-laws he pays four or five. What is the difference between a regular gift and a gift that was sent to the house of his future in-laws? Rabeinu Yehonasan answers that when he sends a gift to his Kalah one may think it is not the same as a sale because anything a wife is Koneh belongs to her husband and therefore it never changed hands. Therefore the Beraisa states that when he sends a gift to his Kalah it is regarded as a sale because a Kalah is not the same as a wife and what she is Koneh does not belong to her husband.

QUICK HALACHAH

TEVICHAH OR MECHIRAH
 
If a Ganav steals a Shor and gives it away for a gift or he gives it to is friend for Shechitah or Mechirah and his fiend Shechted it or sold it he pays four or five. If he steals a Shor and he sold it on consignment or he traded it or he paid off his debt or he sent it as a gift to the house of his in-laws he pays four or five. (Rambam Hilchos Geneivah 2:10)

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