What is "O mi'Kol asher Yishava alav la'Shaker" coming to include?
1.
Bava Metzi'a, 48a: It includes Sesumes Yad, which the Torah included in the initial list in Pasuk 21, but did not mention
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in the list of things that need to be returned in Pasuk 23.
Bava Metzi'a, Ibid.: Because one is only Chayav Chomesh ve'Asham if, after the borrower admits that he borrowed,he designates an article for the crditor to claim. See Oznayim la'Torah, who elaborates.
2)
Whar are the implications of the word "asher Yishava alav la'Sheker"?
1.
Sifra: It implies that he swore falsely intentionaly.
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What can we extrapolate from juxtaposition of "va'Chamishisav to be'Rosho"?
1.
Bava Kama, 65b: It implies that one is only obligated to pay a Chomesh regarding money on which one pays only the principle, but not where one is already obligated to pay Kefel or Arba'ah va'Chamishah.
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See Torah Temimah, note 147. Bava Kama (Ibid.): Though the obligation to bring an Asham applies even in those cases.
6)
Why does the Torah write "va'Chamishosav" (plural)?
1.
Rashi: To teach us that, if the sinner falsely claims that he has already paid the fifth and swears to that effect, he must pay the fifth plus a fifth of the fifth.
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And so on, until the fifth on which he denies is worth less than a P'rutah (Rashi). This in effect means that he is paying a number of fifths on the initial principle. Bava Kama , 108a: And the same applies to Pikadon. See Torah Temimah, note 148. See Pznayim la'Torah, who explains why we do not say the same thing with regard to Me'ilah.
7)
What are the implications of "la'Asher Hu lo Yitnenu"?
1.
Rashi #1 (citing the Sifra): It means that he must give it to the owner of the article
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- and not to his Shali'ach.
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2.
Rashi #2 (in Bava Kama 103a): It implies that, if Reuven steals a Shaveh P'tutah from Shimon and swears that he did not, he is obligated to take the article to him wherever he may be ? even if he has traveled to Madai.
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As opposed to a similar phrase in Naso, Bamidbar (5:10), where it means that the current owner has the right to give the money to whichever Kohen he chooses. Here, he has no choice!
Sifra: However, ased on the (superfluous) word "Yitnenu", he may give it to the Shali'ach Beis-Din ? See Torah Temimah, note 150 ? or, in the event that he has died, to Shimon's heir.
See Torah Temimah, note 149. See also Ba'al ha'Turim.
8)
What are the implications of "be'Yom Ashmaso"?
1.
Rashbam #1 and Targum Yonasan #1: It implies that the sinner is only Chayav to pay an extra fifth and to bring a Korban Asham Gezeilos if he admits to having sinned.
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2.
Rashbam #2 and Targum Yonasan #2: It implies 'on the day that he admits and does Teshuvah on his sin'.
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3.
Sifra (citing Beis Hillel): It implies that he pays according to its value at the time when he used the article.
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But not if he is implicated by two witnesses and still denies having sinned.. See also Rashi in Naso Bamidbar, 5:7, who learns this from "ve'Hisvadu es Chatasam" (in connection with Gezel ha'Ger).
Oznayim la'Torah: Because maybe by tomorrow, besides the fact that nobody knows whether he will be alive tomorrow, maybe he will change his mind. See Oznayim la'Torah.
Why does the Torah insert the (otherwise superfluous) words le'Ashmah bah"?
1.
Yerushalmi Kidushin, 1:1: To teach us that the Parshah of Asham Gezeilos is confined to an article that is worth a P'rutah, which is subject to the Din of Hashavah.
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