BAVA KAMA 72 - Two weeks of study material have been dedicated by Ms. Estanne Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

(a)We learned in our Mishnah 'ha'Shochet Chulin ba'Azarah, Meshalem Arba'ah va'Chamishah'. How does Rav Chavivi from Chuzna'a attempt to prove from here that the actual Shechitah is confined to the last part of the Shechitah (which kills the animal)?

(b)Rav Huna B'rei de'Rava refutes this proof on the grounds that even assuming that 'Yeshnah li'Shechitah mi'Techilah ve'Ad Sof' (the Shechitah incorporates the entire act), the Ganav would be Chayav Daled ve'Hey for the initial cut alone. On what grounds does Rav Ashi reject this answer?

(c)So how does Rav Gamda in the name of Rava reconcile our Mishnah with the opinion that holds 'Yeshnah li'Shechitah mi'Techilah ve'Ad Sof'? What does 'Sof' really mean in this context?

2)

(a)Others cite Rav Gamda in the name of Rava in connection with the following Machlokes. 'Resh Lakish Amar Rebbi Levi Saba, Einah li'Shechitah Ela li'be'Sof'. What does Rebbi Yochanan say?

(b)How does Rav Rav Chavivi from Chuzna'a attempt to prove from here that Rebbi Yochanan holds 'Chulin she'Nishchatah ba'Azarah cannot be d'Oraysa?

(c)How does Rav Acha B'rei de'Rava try to answer this Kashya?

(d)Rav Ashi raises the same objection as he raised in the first Lashon ("u'Tevacho" 'Kulei be'Isura'). How does Rav Gamda in the name of Rava reconcile our Mishnah with Rebbi Yochanan?

72b----------------------------------------72b

3)

(a)Our Mishnah discusses witnesses who testify that someone stole a cow and sold or Shechted it. How much will they have to pay if they both become Zomemin?

(b)If two witnesses testify that someone stole the animal, and two other witnesses, that he Shechted or sold it, how much will each pair pay if they both become Zomemin?

(c)And what will be the Din in the latter case ...

1. ... if only the second pair become Zomemin?

2. ... if one of the second pair become Zomemin?

3. ... if one of the first pair become Zomemin?

(d)Why in the case where one of the second pair become Zomemin, do they not pay Daled ve'Hey?

4)

(a)What will be the Din in the previous case, if, after ...

1. ... one of the first pair becomes a Zomem, the second set of witnesses become Zomemin too?

2. ... both of the witnesses of the first set became Zomemin, the second set of witnesses become Zomemin, too?

5)

(a)According to Abaye, an Eid Zomem becomes Pasul retroactively. What are the ramifications of this ruling?

(b)How does Abaye learn this from the Pasuk in Mishpatim "Al Ta'shes Yadcha Rasha"?

(c)What is Rava reason for saying that he is only Pasul from the time that he becomes a Zomem?

(d)What makes Eid Zomem a Chidush?

6)

(a)In the second Lashon, Rava agrees with Abaye in principle. Then why did the Rabbanan validate all his testimonies up to the time that he became an Eid Zomem?

(b)One difference between the two Leshonos will be in a case where each of the two witnesses was declared a Zomem by two independent witnesses. How will that fit with the two Leshonos of Rava?

(c)What is the second difference between the two Leshonos?

(d)Rebbi Yirmiyah mi'Difti rules like Rava, Rav Ashi, like Abaye. What is the Halachah?