BAVA KAMA 107 (8 Adar I) - dedicated in honor of the Yahrzeit of Sarah bas Baruch Hersh Rosenbaum, who passed away on 8 Adar 5776, by her husband Zev Dov Rosenbaum.
1)
(a)In what connection does the Torah write "Ki Hu Zeh"?
(b)What does Rebbi Chiya bar Aba Amar Yochanan learn from there.
(c)Rebbi Chiya bar Yosef disagrees with Rebbi Yochanan. What does he mean when he says 'Eiruv Parshiyos Kasuv Ka'an'?
1)
(a)The Torah writes "Ki Hu Zeh" - by To'en Ta'anas Ganav by a Pikadon.
(b)Rebbi Chiya bar Aba Amar Yochanan learns from there - that a 'To'en Ta'anas Ganav by a Pikadon' is only Chayav a Shevu'ah if he is 'Modeh be'Miktzas ha'Ta'anah' (meaning that he denies part of the claim and admits to part of it.
(c)Rebbi Chiya bar Yosef says 'Eiruv Parshiyos Kasuv Ka'an, meaning - that although the Pasuk is written by Pikadon, it pertains exclusively to a Milveh (a loan), as we shall now see.
2)
(a)What will Rebbi Chiya bar Yosef hold with regard to a Pikadon? When is the Shomer Chayav a Shevu'ah?
(b)He bases the distinction between Milveh and Pikadon on a statement of Rabah. According to Rabah, why is a Kofer ba'Kol (someone who denies the entire claim) Patur from a Shevu'ah?
(c)If he doesn't have the gall to deny the creditor's claim, then why doesn't he admit to the entire claim?
(d)Why will this distinction not apply to a Pikadon
2)
(a)With regard to a Pikadon, Rebbi Chiya bar Yosef will hold - that the Shomer is Chayav a Shevu'ah even if he denies the entire claim.
(b)He bases the distinction between Milveh and Pikadon on a statement of Rabah who explains that a Kofer ba'Kol (someone who denies the entire claim) is Patur from a Shevu'ah - because if he was not telling the truth, he wouldn't have the gall to deny the entire claim into the face of the very person who did him a favor and lent him the money.
(c)Despite the fact that he doesn't have the gall to deny the creditor's claim, he doesn't admit to the entire claim either - because he cannot afford to pay the full amount, so he decides to deny half the claim until such time as he has the money, when he will pay his debt in full. Hence the Shevu'ah.
(d)This distinction will not apply to a Pikadon however - because there, he has no qualms about denying the entire claim (seeing as the owner did not do him a favor). Consequently, he will have to swear even if he denied everything.
107b----------------------------------------107b
3)
(a)What does Rami bar Chama, citing a Beraisa, say about the four Shomrim?
(b)Rava reveals Rami's his sources. What is his source for this ruling with regard to a Shomer Chinam?
(c)If Rami bar Chama's source for a Shomer Sachar is the 'Gezeirah-Shavah' "Nesinah" "Nesinah" from a Shomer Chinam, what is his source for ...
1. ... a Sho'el?
2. ... a Socher?
3)
(a)Rami bar Chama, citing a Beraisa - requires all four Shomrim to admit to part of the claim, before being required to swear.
(b)Rava reveals Rami's sources. His source for this ruling with regard to a Shomer Chinam is - "Ki Hu Zeh", which, as we have already explained, is written by a Shomer Chinam.
(c)Rami bar Chama's source for a Shomer Sachar is the 'Gezeirah-Shavah' "Nesinah" "Nesinah" from a Shomer Chinam, and for ...
1. ... a Sho'el - "ve'Chi Yish'al", 'Vav Mosif al Inyan Rishon' (the 'Vav' connects the Sho'el with the Shomer Sachar which precedes him).
2. ... a Socher - the fact that he either has the Din of a Shomer Sachar or of a Shomer Chinam (depending on the opinions of Rebbi Meir and Rebbi Yehudah, as we will learn in Bava Metzi'a).
4)
(a)The Pasuk which obligates a To'en Ta'anas Ganav to pay Kefel, first writes "ve'Nikrav Ba'al ha'Bayis el ha'Elohim im Lo Shalach Yado bi'Meleches Re'eihu". What does "ve'Nikrav Ba'al ha'Bayis el ha'Elohim" relate to?
(b)What does Rebbi Chiya bar Yosef now learn from the Pasuk?
(c)What exactly is he Patur from? Returning the article!?
(d)Rebbi Chiya bar Aba quoting Rebbi Yochanan maintains 'be'Omedes al Avusah Shanu'. What does he mean by that?
4)
(a)The Pasuk which obligates a To'en Ta'anas Ganav to pay Kefel, first writes "ve'Nikrav Ba'al ha'Bayis el ha'Elohim im Lo Shalach Yado bi'Meleches Re'eihu". The phrase "ve'Nikrav Ba'al ha'Bayis el ha'Elohim" relates to a Shevu'ah.
(b)Rebbi Chiya bar Yosef now learns from the Pasuk - that a To'en Ta'anas Ganav by a Pikadon is Patur unless he first used the object illegally.
(c)This means - that a To'en Ta'anas Ganav is Patur from paying Kefel if he did not first use the article (but not from returning the article).
(d)Rebbi Chiya bar Aba quoting Rebbi Yochanan maintains 'be'Omedes al Avusah Shanu', meaning - that Chazal obligated the Shomer to pay Kefel, even the animal is standing by the feeding-trough ('al ha'Avusah' [i.e. he did use it]).
5)
(a)What did Rebbi Zeira ask Rebbi Chiya bar Aba about his current statament?
(b)The Shomer ought to be Chayav when he used the animal, 'Kal va'Chomer' from when he did not. Why might he nevertheless be Patur?
(c)What did Rebbi Chiya bar Aba reply?
5)
(a)Rebbi Zeira asked Rebbi Chiya bar Aba - whether Rebbi Yochanan meant specifically when the animal is standing by the feeding-trough, but not when he used it, or whether he meant even when it is standing by the feeding-trough, and certainly when he used it.
(b)The Shomer ought to be Chayav when he used the animal, 'Kal va'Chomer' from when he did not. But he might nevertheless be Patur from a Shevu'ah - because once he uses it he acquires it, and is immediately Chayav to pay.
(c)Rebbi Chiya bar Aba replied - that although he did not hear anything from Rebbi Yochanan about this case directly, he did, however, hear his opinion regarding a similar issue, quoted by Rav Asi.
6)
(a)What does Rav Asi quote Rebbi Yochanan as saying with regard to a To'en Ta'anas Avad who after swearing, is To'en Ta'anas Ganav, and after he swears again, witnesses come?
(b)What does Rebbi Chiya bar Aba try to prove from here? Why, in his opinion, is the Shomer Patur?
(c)This is reminiscent of Rav Sheishes, whose opinion we discussed above. What did Rav Sheishes say?
(d)Why, according to Rebbi Chiya bar Aba, will everyone agree with Rav Sheishes in our case? How does this relate to Rav Sheishes' case
6)
(a)Rav Asi quoting Rebbi Yochanan says that if a To'en Ta'anas Avad after swearing, is To'en Ta'anas Ganav and after he swears again, witnesses come - he is Patur from Kefel.
(b)Rebbi Chiya bar Aba - on the assumption that the Shomer is Patur because he acquired the object with the first Shevu'ah (obligating him to pay for Onsin, but exempting him from any obligations brought on by subsequent Shevu'os), concludes that using the object also acquires it.
(c)This is reminiscent of Rav Sheishes (whose opinion we discussed above) - who says that a Shomer who denies having been given a Pikadon, becomes a Gazlan, and is subsequently Chayav Onsin.
(d)According to Rebbi Chiya bar Aba, everyone will agree with Rav Sheishes in our case - because here the Shomer made a Shevu'ah, which certainly acquires the article (even if denial does not). And consequently, he concludes, they will also agree in the case where he used the object beforehand (since we have learned in Bava Metzi'a that the object is considered to be in his Reshus) a proof for Rav Sheishes.
7)
(a)How do we counter Rebbi Chiya bar Aba's proof from this Beraisa? If the Shomer's P'tur is not based on the fact that he acquired it with the first Shevu'ah, then what is it based on?
(b)How do we know that this explanation is correct?
(c)What does Rav Sheishes say about a To'en Ta'anas Ganav who uses the object before swearing?
(d)How does he extrapolate this from the Pasuk "ve'Nikrav Ba'al ha'Bayis ... Im Lo Shalach Yado bi'Meleches Re'eihu"?
7)
(a)We counter Rebbi Chiya bar Aba's proof from this Beraisa - by suggesting that the Shomer's P'tur is not based on the fact that he acquired it with the first Shevu'ah, but because, having already sworn to the owner, he cannot be Chayav a second Shevu'ah (without admitting that the first Shevu'ah was false).
(b)We know this explanation to be correct - because it is corroborated by Rebbi Avin Amar Rebbi Ila'a, quoting Rebbi Yochanan.
(c)Rav Sheishes exempts a To'en Ta'anas Ganav who uses the object before swearing - from the Din of a To'en Ta'anas Ganav.
(d)He extrapolates this from the Pasuk "ve'Nikrav Ba'al ha'Bayis ... Im Lo Shalach Yado bi'Meleches Re'eihu" - by inferring that if he did use it, the Din of To'en Ta'anas Ganav will no longer apply.
8)
(a)Rav Nachman queries Rav Sheishes from a Beraisa which obligates a Shomer to make three Shevu'os: 1. that he wasn't negligent, 2. that he didn't use the object. What is the third?
(b)In what respect does Rav Nachman try to compare the Shevu'ah that he didn't use the object to the Shevu'ah that the object is not in his Reshus? How does this pose a Kashya on Rav Sheishes?
(c)Rav Sheishes replied that we actually compare the Shevu'ah that he did not use the object to the Shevu'ah that he was not negligent, where the Shomer is Patur (like Rav Sheishes). Why is he Patur in the latter case?
8)
(a)Rav Nachman queries Rav Sheishes from a Beraisa which obligates a Shomer to make three Shevu'os: 1. that he wasn't negligent, 2. that he didn't use the object - and 3. that it is not in his domain.
(b)Rav Nachman tries to compare the Shevu'ah that he didn't use the object to the Shevu'ah that the object is not in his Reshus - with respect to where his Shevu'ah turns out to be false, which in the latter case, renders him Chayav (a Kashya on Rav Sheishes).
(c)Rav Sheishes replied that we actually compare the Shevu'ah that he did not use the object to the Shevu'ah that he was not negligent, where the Shomer is Patur (like Rav Sheishes). The reason that he is he Patur in the latter case is - because a To'en Ta'anas Ganav only pays Kefel if it transpires that he himself stole the object, but not if it turns out that it was stolen, just as he claimed (since there is no Chiyuv Kefel for being negligent).
9)
(a)We learned in Perek Merubah that a To'en Ta'anas Ganav who pays Kefel is exempt from paying Chomesh. Rami bar Chama is not sure why he is Patur. It might be the fact that he pays more than the Keren. Why else might it be?
(b)What are the ramifications of Rami bar Chama's She'eilah?
(c)If it is the Shevu'ah that exempts him, he would be Patur if, in the same case, he would admit to the first Shevu'ah after the witnesses have testified, but not where he admits to the second one. Why is he not Patur anyway because he has already fulfilled his obligation to the owner with the first Shevu'ah?
9)
(a)We learned in Perek Merubah that a To'en Ta'anas Ganav who pays Kefel is exempt from paying Chomesh. Rami bar Chama is not sure why he is Patur. It might be the fact that he pays more than the Keren - or it might be that the Shevu'ah that obligates him to pay more than the Keren, exempts him from the Chomesh.
(b)The ramifications of Rami bar Chama's She'eilah are - a case where the Shomer is first a To'en Ta'anas Ganav and then a To'en Ta'anas Avad, then witnesses testify on the first Shevu'ah, and he admits on the second one. On the one hand, he is Chayav Kefel for the first Shevu'ah, but on the other, the second Shevu'ah does not obligate him to pay Kefel.
(c)If it is the Shevu'ah that exempts him, he would be Patur if, in the same case, he would admit to the first Shevu'ah after the witnesses have testified, but not where he admits to the second one. Nor is he Patur because he has already fulfilled his obligation to the owner with the first Shevu'ah - because we only apply that S'vara when it is witnesses who subsequently testify on the second Shevu'ah, but not when he admits, as we learned earlier.
