1)

What are the connotations of "Im Himatzei Simatzei be'Yado"?

1.

Targum Yonasan: It means that, if witnessess testify that he has the ox ... in his possession'.

2.

Bava Kama, 75a: It implies that if the Ganav admits to have stolen the article, he is Patur from paying - even if witnesses subsequently arrive in Beis-Din 1 "Himatzei" - 'be'Eidim'; "Simatzei" - be'Dayanim', to preclude where he implicates himself. 2


1

'Modeh bi'Kenas ve'Achar-Kach Ba'u Eidim, Patur'. See Torah Temimah, note 21.

2

See Torah Temimah, citing Bava Kama, Ibid., and note 21.

2)

Why does the Torah use the double expression "Im Himatzei Simatzei be'Yado"?

1.

Refer to 22:3:1:2.

2.

Bava Kama, 65a: To teach us that "be'Yado" is La'av Davka, and that he is Chayav Kefel even the article is on his roof or in his Chatzer or enclosure. 1


1

See Torah Temimah, note 22.

3)

Why does the Torah insert the word "be'Yado"?

1.

Rashi and Rashbam: To teach us that if the Ganav still has the animal in his possession (and has not Shechted or sold it), he pays (not four or five times, but) double. 1


1

Refer to 22:3:3:2.

4)

Why is a Ganav Chayav Kefel for stealing a donkey, but nor Arba'ah va'Chamishah for Shechting or selling it?

1.

Oznayim la'Torah: Based on the principle 'Shechitah she'Einah Re'uyah Lo Sh'mah Shechitah', non-Kasher animals are not subject to the Din of Arba'ah va'Chamishah for Shechting them, and consequeently, not for selling them either, 1 whereas there is no reason to preclude them from the Din of Kefel.


1

Since Mechirah is compared to Shechitah.

5)

How do we know that the Chiyuv Kefel extends to other animals?

1.

Bava Kama, 54b: We learn it from "al Kol Dvar Pesha" in Pasuk 8

6)

Seeing as the Chiyuv Kefel extends to all animals, why does the Torah mention specifically "Shor, Chamor and Seh"?

1.

Bava Kama, 54b: Because they are the most commonly used animals. 1

2.

Yerushalmi Bava Kama, 7:1: One to preclude Karka'os - which are not Metalt'lin; 2 one to preclude Avadim Ivrim 3 - which one can use, but does not own, and one to preclude Sh'taros - which only serve as a proof (but have no intrinsic use). 4


1

See Torah Temimah, note 24.

2

See Torah Temimah, note 25.

3

See Torah Temimah, note 26.

4

See Torah Temimah, note 27.

7)

Seeing as the Chiyuv Kefel extends to all things, why does the Torah insert the word "Chayim"?

1.

Rashi: To teach us that the Kefel must consist of a live animal (or its value) and not of a dead one. 1

2.

Rashbam and Hadar Zekenim: It implies that the Ganav did not Shecht it - because if he did, he would be Chayav Arba'ah va'Chamishah.

3.

Bava Kama, 65a: To teach us that, if the value of the stolen article dropped, the Ganav pays the Keren - as implied by the word "ha'Geneivah" - according to its value when he stole it. 2 but Kefel and Arba'ah va'Chamishah according to ts current value.

4.

Yerushalmi Bava Kama, 1:1 #1: "Chayim Shenayim Yeshalem" implies that, if the animal or the the artivle that the Ganav or Gazlan stole dies or breaks, he cannot force the owner to take the Neveilah or the broken pieces as part payment and add the balance but must assess their value and pay accordingly. 3

5.

Yerushalmi Bava Kama, 1:1 #2: "Chayim Shenayim Yeshalem" implies that the Kefel (and the Aarba'ah va'Chamishah) go to the same person as the Keren, and that, consequently, if Reuven deposits his animal with Shimon, the animal is stolen and Shimon swears and is Patur, when the Ganav is found, since he obviously pays the Keren to Reuven, he pays the the Kefel and the Arba'ah va'Chamishah too, to Reuven. 4


1

Even though "Arba'ah va'Chamishah" is based on the value of the ox at the time that the Din Torah takes place. See Torah Temimah, 29.

2

See Torah Temimah, note 29.

3

See Torah Temimah, note 31, who elaborates.

4

See Torah Temimah, nmote 32.

8)

Now that the Torah writes "mi'Shor ad Chamor ad Seh Chayim", why does it need to insert "ha'Geneivah"?

1.

Bava Kama, 63b: To incorporate things other than animals. 1


1

See Torah Temmiah, note 23.

9)

Why does the Torah need to tell us that a Ganav pays Kefel? Why can we not learn it with a Kal va'CHomer from To'en Ta'anas Ganav in Pasuk 6?

1.

Bava Kama, 64b: The Torah inserts "Shnayim Yeshalem" to teach us that, as opposed to To'en Ta'anas Ganav, the Ganav pays Kefel even without a Shevu'ah. 1


1

See Torah Temmiah, note 24.

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