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BAVA KAMA 94

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SUMMARY

If a person gives wheat, olives, or grapes to a woman for an Esnan and she turns it into flour, oil, or wine according to Beis Shamai it remains forbidden for the Mizbe'ach while Beis Hillel argues. (1)
 
If a person gives an animal to a woman for an Esnan and it gives birth the offspring may be brought as a Korban on the Mizbe'ach even according to Beis Shamai.
 
R. Eliezer Ben Ya'akov says if someone steals wheat and he grinds it, kneads it and bakes it he may not recite a Berachah when he separates the Chalah.
 
R. Shimon Ben Elazar says that if a stolen item appreciates the appreciation belongs to the Ganav, but if it depreciates he may give it back to the owner and he is not obligated to pay for the depreciation. (2)
 
It is a Mitzvah to separate Pe'ah while the grain is still attached to the ground, if not it shall be separated from the bundles or the mounds; if he smoothed out the mounds he must separate Ma'aser before separating the Pe'ah. (3)
 
R. Yishmael says Pe'ah should even be separated after the grain was made into dough if it had not been separated until than. (4)
 
If someone is Mafkir his vineyard and the net morning he harvested it before anyone has a chance to be Zocheh in the field it is Chayav in Peret, Olelos, Shichechah and Pe'ah, but it is Patur from Ma'aser. (5)
 
Shmuel says that if someone steals an animal and it dies the carcass of the animal is not evaluated and the Ganav must pay instead with a new animal and he keeps the carcass for himself..
 
However, if a Mazik kills an animal the carcass if evaluated and given to the Nizak and the Mazik pays the difference to the Nizak.
 
R. Yochanan says that Min ha'Torah a Ganav is not Koneh with a Shinuy that could revert back to its original state, however the Rabanan decreed that he is Koneh in order to encourage him to do Teshuvah
 
If a person shears his sheep and before giving the Reishis ha'Gaz to the Kohen he dyes the wool he is Koneh it with a Shinuy and he is Patur from Reishis ha'Gaz.
 
Rebbe decreed that if a Gazlan and a person who lent with interest attempts to return the money it may not be accepted and the Chachamim are not pleased with a person who accepts it. (6)
 
If sons inherited from their father money that he received from lending with interest even if the sons know the source of the money they are not obligated to return it. (7)
 
If sons inherited from their father a cow or a Talis that he received from lending with interest the sons are obligated to return for the honor of their father. (8)
 
A person is not obligated to honor his father if he is a Rasha.
 
It is very difficult for shepherds and tax and toll collectors to do Teshuvah because they stole from so many people, but they must return the money to the people who they stole from. (9)
 
The money that shepherds and tax and toll collectors stole and they don't who they stole from should be used to dig public wells.

A BIT MORE

1. Beis Shamai holds a Shinuy is not Koneh and therefore it may not be brought on the Mizbe'ach for Menachos or Nesachim, while Beis Hillel holds that a Shinuy is Koneh and it is permitted to be brought on the Mizbe'ach.
 
2. Abaye holds that R. according to R. Shimon Ben Elazar a Shinuy is not Koneh and therefore he may return it even though it depreciated and the reason why he is Koneh the appreciation is in order to encourage the Ganav to do Teshuvah and pay for the stolen object, while Rava holds that R. Shimon Ben Elazar holds that a Shinuy is Koneh and the reason why is it depreciated he may return it as is because it is a depreciation that could revert back to is original state and therefore he is not Koneh.
 
3. Pe'ah is Patur from Ma'aser because it is Hefker and even if the poor person gathered enough Leket Shichechah and Pe'ah to make a mound out of then it is Patur from Ma'aser, however if the Ba'al ha'Bayis smoothed the mound before separating Pe'ah it is Chayav in Ma'aser and therefore he must separate the Ma'aser before separating the Pe'ah.
 
4. However the Tana Kama holds that once it was made into dough he is Koneh it with a Shinuy and he is no longer obligated to separate the Pe'ah.
 
5. Even though Hefker is Patur from Peret, Olelos Shichechah and Pe'ah however the Pasuk states an extra 'Ta'azov' to teach us that when he is Zocheh in his own Hefker it is Chayav in Matnos Aniyim, however with regards to Ma'aser the Pasuk doesn't states an extra 'Ta'azov' and therefore it is Patur from Ma'aser. .
 
6. The reason for the decree was because of an incident in the times of Rebbe that a Gazlan wanted to do Teshuvah but his wife convinced him not to do Teshuvah because they would have been left with nothing.
 
7. The sons are Koneh the money with Shinuy Reshus (change of ownership) and since they were not the ones who stole it they are not obligated to return it since they were Koneh.
 
8. They are only obligated to return it if their father did Teshuvah and he wanted to return it but he died before he had a chance.
 
9. Shepherds steal when they allow their animal to pasture in other people's fields and tax and toll collectors steal when they take more money than was allotted by the king.

BRIEF INSIGHT

A MITZVAH HA'BAH B'AVEIRAH
 
If someone steals wheat and he grinds it, kneads it, bakes it he may not recite a Berachah when he separates the Chalah. The Me'iri says that even though he doesn't recite a Berachah on the Chalah because a person doesn't recite a Berachah for a Mitzvah that was done by way of an Aveirah, however if he eats the bread he must recite ha'Motzi and he must recite Birchas ha'Mazon. Nonetheless, he may not take part in a Mezuman because a Mezuman is only applicable when the three people ate with a Kevi'us and there is no Kevi'us for someone who ate by way of an Aveirah.

QUICK HALACHAH

A PROFESSIONAL GAZLAN
 
A well known professional Gazlan who decides on his own to do Teshuvah if the stolen objects are no longer in existence the victims should not accept payments for the stolen objects so that he will not be discouraged from doing Teshuvah. However if the Gazlan wants to be Yotzei his Din in Heaven and he paid for the stolen object it is permissible to accept it. If the Gazlan did not decide on his own to do Teshuvah and instead the Nigzal took him to Din he must pay back the Nigzal for the stolen object. (Shulchan Aruch CM 366:1)

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