(a)How much is a Ganav obligated to pay if he steals ...
1. ... wood and uses it to make Keilim or wool to make clothes?
2. ... a pregnant cow which subsequently gives birth, or a sheep laden with wool which he subsequently shears?
3. ... a cow which became pregnant and which gave birth or a sheep which grew wool and which he sheared after he stole it?
(b)In the first case, on what right is he permitted to retain the manufactured article?
(c)Which principle governs all the above rulings?
1)
(a)Whether a Ganav steals ...
1. ... wood and uses it to make Keilim or wool to make clothes (See Tos. Yom-Tov DH 'Eitzim ... ' & 'Tzemer ... ')...
2. ... a pregnant cow which subsequently gives birth, or a sheep laden with wool which he subsequently shears ...
3. ... a cow which became pregnant and which gave birth (See Tos. Yom-Tov) or a sheep which grew wool and which he sheared after he stole it - he pays for the article as it was when he stole it (See Tos. Yom-Tov).
(b)In the first case, he is permitted to retain the manufactured article - by virtue of his having acquired it with Shinuy (i.e. by physically changing it [See Tos. Yom-Tov]).
(c)The principle that governs all the above rulings is - that 'All thieves pay the value of the article as it was when they stole it'.
2)
(a)What is the Tana coming to teach us by repeating it at the end of the Mishnah?
(b)Why is that?
2)
(a)By repeating it at the end of the Mishnah, the Tana is coming to teach us that - where one steals a lamb and it turns into a ram, or a calf and it turns into an ox, he is Patur from Arba'ah va'Chamishah ...
(b)... because he acquired the lamb and the calf when they changed their status, in which case it transpires that he Shechted or sold his own animal (See Tos. Yom-Tov).
Mishnah 2
3)
(a)What does the Tana Kama say about someone who steals an animal or an Eved and it becomes old?
(b)According to Rebbi Meir, in the case of an Eved, he can say 'Harei she'Lecha Lefanecha!'. Why is that?
(c)Like whom is the Halachah?
3)
(a)The Tana Kama rules that if someone steals an animal or an Eved and it/he becomes old - he must pay the value of the animal at the time that he stole it/him.
(b)According to Rebbi Meir, in the case of an Eved, he can say 'Harei she'Lecha Lefanecha!' - because Avadim are compared to Karka, which remains in the domain of the owner.
(c)The Halachah is - like Rebbi Meir (See Tos. Yom-Tov).
4)
(a)What does the Mishnah say about someone who steals a coin which subsequently splits in to two or wine that turns sour?
(b)On what condition will the same Din apply to fruit that becomes rotten?
(c)What if only some of the fruit goes bad?
4)
(a)The Mishnah rules that someone who steals a coin which subsequently splits in to two or wine that turns sour (See Tos. Yom-Tov) - also pays for the coin and the wine that he stole, and the same applies to ...
(b)... fruit that becomes rotten - provided it all goes bad, but ...
(c)... if only some of the fruit goes bad - he returns it as it is ('Harei she'Lecha Lefanecha!' [See Tos. Yom-Tov]).
5)
(a)What is the Din concerning someone who steals Terumah which subsequently becomes Tamei or Chametz before Pesach which is still there after Pesach?
(b)On what condition will the same apply to a coin that the Ganav steals and that is subsequently withdrawn from circulation?
5)
(a)If someone steals Terumah which subsequently becomes Tamei or Chametz before Pesach which is still there after Pesach - he can say 'Harei she'Lecha Lefanecha!' (See Tos. Yom-Tov).
(b)And the same will apply if he steals a coin that is subsequently withdrawn - provided it is still legal currency elsewhere.
6)
(a)The Tana adds to this list where the Ganav steals an animal ...
1. ... with which a sin is subsequently performed. Which sin?
2. ... or which subsequently became disqualified from going on the Mizbei'ach. On what grounds did it become disqualified?
(b)What sort of blemish is the Tana referring to?
(c)Why does the value of the former decrease?
(d)Which third case does the Tana include in his list?
6)
(a)The Tana adds to this list where the Ganav steals an animal ...
1. ... with which a sin is subsequently performed - it is raped or worshipped (See Tos. Yom-Tov), or one ...
2. ... which subsequently became disqualified from going on the Mizbe'ach - because it obtained a blemish ...
(b)... that is not easily discernable (such as a withered spot in the eye).
(c)The value of the former decreases - for the same reason as the latter (because it is no longer fit to go on the Mizbe'ach).
(d)The third case included by the Tana in his list is - an animal that is actually being taken out to be killed (because it killed a person or raped a woman [See also Tos. Yom-Tov]).
Mishnah 3
7)
(a)The Tana now discusses workers who ruin the work that they are commissioned to perform. What is the case?
(b)How much does he obligate them to pay?
(c)And he continues with a case where the owner gives a Shidah, Teivah or Migdal to be repaired and the craftsman breaks it. If a Teivah is a box, what is ...
1. ... a Shidah?
2. ... a Migdal (See Tiferes Yisrael)?
(d)Having taught us the Din in the previous case (in a.), why does the Tana see fit to add the second one (which is obvious)?
7)
(a)The Tana now discusses workers who ruin the work that they are commissioned to perform - with reference to an article that they destroy after having manufactured it.
(b)He obligates them to pay - the full value of the article (See Tos. Yom-Tov).
(c)And he continues with a case where the owner gives a Teivah (a box) ...
1. ... 'Shidah' (a sedan [made to transport women]) or ...
2. ... 'Migdal (a cupboard) to be repaired and the craftsman breaks it.
(d)Having taught us the Din in the previous case (in a.), the Tana nevertheless sees fit to add the second one - because we would otherwise have established the first case where the owner gave the broken article to the craftsman to repair (and absolved him from payment in the initial case [See previous Tos. Yom-Tov]).
8)
(a)And what does the Mishnah say about a contractor who demolishes a wall and in the process, he ...
1. ... smashes the bricks?
2. ... causes damage?
(b)On what condition will he also be Chayav to pay if he is demolishing a wall, and bricks fall from another section of the building and cause damage?
8)
(a)The Mishnah declares liable - a contractor who demolishes a wall and in the process, he ...
1. ... smashes the bricks or ...
2. ... causes damage.
(b)He will also be Chayav to pay if he is demolishing a wall, and bricks fall from another section of the building and cause damage - if the bricks fall as a direct result of his banging (See Tos. Yom-Tov).
Mishnah 4
9)
(a)The Tana now discusses a case where a dyer spoils the wool that is given to him to dye or who deviates from the instructions given to him by his client. What will be the Din if the client gives wool to be dyed and the dyer overheats the pot and burns the wool? What is he obligated to pay for?
(b)If the quality of the dying is poor, how much the client pays depends on two factors. Which two factors?
(c)Why does the dyer have the underhand?
9)
(a)The Tana now discusses a dyer who spoils the wool that is given to him to dye or who deviates from the instructions given to him by his client. If the client gives wool to be dyed and the dyer overheats the pot and burns the wool - he is obligated to pay for the wool (See Tos. Yom-Tov).
(b)If the quality of the dying is poor, how much the client must pay depends on - the increased value of the wool and the dyer's expenses, of which he pays the lesser amount (See Tos. Yom-Tov).
(c)The dyer has the underhand - because, by using inferior quality dyes, it is considered as if he deliberately damaged the wool.
10)
(a)According to Rebbi Meir, if the client asks for the wool to be dyed red and the dyer dyes it black or vice-versa, the dyer must pay for the wool. Why is that?
(b)What if the client still wants the wool?
(c)Then why will the same not apply in the previous case?
(d)On what grounds does Rebbi Yehudah issue the same ruling in this case as in the former case?
(e)Like whom is the Halachah?
10)
(a)According to Rebbi Meir, if the client asks for the wool to be dyed red and the dyer dyes it black or vice-versa, the dyer must pay for the wool - which he acquired by virtue of his having changed it (be'Cinuy) not in accordance with the client's instructions.
(b)If the client still wants the wool - then he must pay the dyer for his work (See Tos. Yom-Tov).
(c)The same will not apply in the previous case - where he did not deviate from the client's instructions, and there is therefore no reason for him to acquire the wool.
(d)Rebbi Yehudah issues the same ruling in this case as in the former case - in the form of a K'nas (a penalty for deviating from his instructions [See also Tos. Yom-Tov]).
(e)The Halachah is - like Rebbi Yehudah.
Mishnah 5
11)
(a)What does the Mishnah say about Reuven who steals from Shimon something to the value of a P'rutah and, after swearing that he did not, he admits that he did?
(b)Why will it not suffice to give it to Shimon's son or Shali'ach? How do we learn this from the Pasuk in Vayikra "la'Asher hu lo Yitnenu!"
(c)How can he nevertheless fulfill the Mitzvah of Hashavas Gezeilah without having to travel?
(d)In view of the above Pasuk, what is the source for this leniency?
(e)What must he do if Shimon dies?
11)
(a)The Mishnah rules that if Reuven who steals from Shimon something to the value of a P'rutah (Tos. Yom-Tov) and, after swearing that he did not (See Tos. Yom-Tov DH 'Shaveh P'rutah' & 'Yolichenu Acharav'), he admits that he did - must bring the stolen object (or payment thereof) to Shimon wherever he may be ('even as far as Medes').
(b)It will not suffice to give it to Shimon's son or Shali'ach (See Tos. Yom-Tov) - because the Pasuk in Vayikra writes "la'Asher hu lo Yitnenu!" - indicating that he must pay for the theft personally and not via a Shali'ach.
(c)He can nevertheless fulfill the Mitzvah of Hashavas Gezeilah without having to travel extensively - by handing it over to a Shali'ach Beis-Sin.
(d)In view of the above Pasuk, the source for this leniency is - a Takanas Chachamim (to encourage the Ganav to do Teshuvah).
(e)If Shimon dies - he is obligated to pay the heirs (See Tos. Yom-Tov).
Mishnah 6
12)
(a)In the previous case, where Reuven steals from Shimon something to the value of a P'rutah and, after swearing that he did not, admits that he did, how much must he pay?
(b)What do the following three cases have in common ...
1. ... Where Reuven paid Shimon the Keren (what he stole) but not the Chomesh; Where Shimon was Mochel the Chomesh but not the Keren, and Where he was Mochel him everything except for less than the value of a P'rutah of the Keren?
2. ... Where Reuven paid Shimon the Chomesh but not the Keren; where Shimon was Mochel the Keren but not the Chomesh, and where he was Mochel him everything except for the value of a P'rutah of the Keren?
12)
(a)In the previous case, where Reuven steals from Shimon something to the value of a P'rutah and, after swearing that he did not, admits that he did - he must pay what he stole plus a Chomesh (a fifth of the sum total).
(b)In a case where ...
1. ... Reuven paid Shimon the Keren (what he stole) but not the Chomesh, Shimon was Mochel the Chomesh but not the Keren, and where he was Mochel him everything except for less than the value of a P'rutah of the Keren - Reuven does not need to travel to wherever Shimon is in order to pay him, whereas if ...
2. ... Reuven paid Shimon the Chomesh but not the Keren, Shimon was Mochel the Keren but not the Chomesh, and where he was Mochel him everything except for the value of a P'rutah of the Keren (See Tos. Yom-Tov) - he does.
Mishnah 7
13)
(a)And what does the Tana say about where after paying the Keren, Reuven swears falsely that he already paid the Chomesh?
(b)If this repeats itself a few times, at which point will he become Patur from paying the extra Chomesh?
(c)What else is he Chayav besides the Keren plus a Chomesh?
13)
(a)The Tana also rules that where, after paying the Keren (See Tos. Yom-Tov), Reuven swears falsely that he already paid the Chomesh - he is obligated to pay the Chomesh (which has now become he Keren) on which he swore plus a Chomesh.
(b)If this repeats itself a few times, he become Patur from paying the extra Chomesh - when the Chomesh on which he swore is worth less than a P'rutah.
(c)Besides the Keren plus a Chomesh, Reuven is also Chayav - to bring a Korban Asham.
14)
(a)What do we learn from the fact that, in the Pasuk in Vayikra "va'Chamishisav Yosef alav", the Torah writes "va'Chamishisav" in the plural?
(b)And what do we learn from the insertion there of the phrase "O be'Pikadon O bi'Sesumes Yad O be'Gazel O Ashak es Amiso"?
(c)Which additional case does the Pasuk add to the list?
14)
(a)We learn from the fact that, in the Pasuk in Vayikra "va'Chamishisav Yosef alav", the Torah writes "va'Chamishisav" in the plural that - by swearing again and again over the Chomesh, it is possible to pay many Chamishiyos on one Keren (as we just explained).
(b)And from the insertion there of the phrase "O be'Pikadon O bi'Sesumes Yad O be'Gazel O Ashak es Amiso", we learn that - the same Din extends to where one swears falsely over a Pikadon (an object placed in one's charge), a loan, or with regard to money that one owes an employee ...
(c)... and even where one swears falsely over a lost article that he found.
15)
(a)What will be the Din if instead of actually swearing, Shimon declares 'Mashbi'acha Ani', and Reuven answers 'Amen'?
(b)The Mishnah discusses exactly such a case. On what condition is Reuven obligated to pay ...
1. ... only the Keren?
2. ... the Keren plus the Chomesh?
(c)What about the Asham?
15)
(a)The same Din will apply - if, instead of actually swearing, Shimon declares 'Mashbi'acha Ani', and Reuven answers 'Amen'.
(b)The Mishnah discusses exactly such a case. The Tana obligates Reuven to pay ...
1. ... only the Keren - where witnesses testify that Reuven swore falsely, but ...
2. ... the Keren plus the Chomesh - where he confesses off his own bat that he did.
(c)The Din of the Asham - is identical with that of the Chomesh.
Mishnah 8
16)
(a)In a case following Shimon's request for his Pikadon, Reuven claims that it was stolen, and where he subsequently confesses that he stole it, he is Chayav to pay Keren ve'Chomesh plus an Asham. What if witnesses testify that he is the Ganav?
(b)What do we learn from the Pasuk " ... asher Yarshi'un Elohim Yeshalem Shenayim le'Re'eihu"?
16)
(a)In a case following Shimon's request for his Pikadon, Reuven claims that it was stolen, and where he subsequently confesses that he stole it, he is Chayav to pay Keren ve'Chomesh plus an Asham. If witnesses testify that he is the one who stole it (See Tos. Yom-Tov) however - he is Chayav to pay Kefel (double) like a regular Ganav ('To'en Ta'anas Ganav' [See Tos. Yom-Tov DH 've'ha'Eidim Me'idin oso ... ' & 'Meshalem Tashlumei Kefel']).
(b)We learn from the Pasuk " ... asher Yarshi'un Elohim Yeshalem Shenayim le'Re'eihu" - that a Ganav only pays Kefel if witnesses testify that he stole, but not if he confesses off his own bat ('Modeh bi'Kenas, Patur').
Mishnah 9
17)
(a)What must Reuven do if he steals from his father and after he swears that he did not, his father dies?
(b)What can he do if he cannot afford it?
(c)Will the same apply if he does own property but does not want to lose it?
(d)What if his father left no heirs other than him?
(e)What must he say if he does?
17)
(a)If Reuven steals from his father and after he swears that he did not (See Tos. Yom-Tov), his father dies - he must pay the Keren and the Chomesh to his (own [See Tos. Yom-Tov]) heirs, (i.e. his sons or his brothers).
(b)If he cannot afford it - he can borrow money, and return what he stole to his brothers, from whom the creditor will claim whatever he (the Ganav) owns in the stolen article (See Tos. Yom-Tov).
(c)The same will apply if he does own property but does not want to lose it.
(d)If his father left no heirs other than him - then he is permitted to pay his creditor (or his wife's Kesubah or to the Gabai Tzedakah) with the stolen article.
(e)If he does - he is obligated to inform whoever he gives it to, that what he is giving them he stole it from his father.
Mishnah 10
18)
(a)What does the Tana say regarding a case where Reuven makes a Neder prohibiting his son to benefit from his property ...
1. ... if Reuven subsequently dies?
2. ... both during his lifetime and after his death, if Reuven subsequently dies?
(b)What can his son do in the latter case if he is otherwise unable to sustain himself?
18)
(a)The Tana rules in a case where Reuven makes a Neder prohibiting his son to benefit from his property that ...
1. ... if Reuven subsequently dies - his son inherits his property (See Tos. Yom-Tov) .
2. ... both during his lifetime and after his death, if Reuven subsequently dies then he doe not inherit it (See Tos. Yom-Tov), but must hand it over to his sons or brothers (See Tos. Yom-Tov).
(b)In the latter case, if the son is otherwise unable to sustain himself (See Tos. Yom-Tov) - he can borrow money and the creditor will claim his portion from the inheritance (as we explained in the previous case [See Tos. Yom-Tov DH 'u'Ba'alei-Chov ... " & 've'Nifra'im']).
Mishnah 11
19)
(a)How do we know that when the Pasuk in Naso (in connection with returning a stolen article), writes "ve'Im Ein la'Ish Go'el", it is referring to a Ger?
(b)What do we now learn from the continuation of the Pasuk," ... Lehashiv ha'Asham eilav ha'Asham ha'Mushav la'Hashem la'Kohen mi'Levad Eil ha'Asham asher Yechaper bo alav" (See Tos. Yom-Tov)?
(c)To whom must the Ganav then return the Keren and the Chomesh?
19)
(a)When the Pasuk in Naso (in connection with returning a stolen article), writes "ve'Im Ein la'Ish Go'el", it can only be referring to a Ger - because every born Jew has relatives via one descendent of Ya'akov Avinu or another.
(b)We now learn from the continuation of the Pasuk," ... Lehashiv ha'Asham eilav ha'Asham ha'Mushav la'Hashem la'Kohen mi'Levad Eil ha'Asham asher Yechaper bo alav" that - in the event that the Ger dies after the Ganav swore to him falsely, the latter remains obligated to bring the Asham and to pay the Keren and the Chomesh (See Tos. Yom-Tov) ...
(c)... to the Kohanim of the current Mishmar (who are serving at that time in the Beis-ha'Mikdash).
20)
(a)What happens to the Keren and the Chomesh if the Ganav dies on his way to deliver them to the Kohanim?
(b)Why are his heirs not obligated to return them?
(c)And what does one do with ...
1. ... the Asham?
2. ... the proceeds after having sold it?
(d)What is the source for this ruling? On what principle is it based?
20)
(a)If the Ganav dies on his way to deliver them to the Kohanim - his heirs receive the Keren and the Chomesh.
(b)They are not obligated to return them - since even the Ganav himself (who actually acquired them) was only Chayav to give them to the Kohanim in order to obtain a Kaparah for having sworn falsely, something that they did not do.
(c)And as for ...
1. ... the Asham - it is allowed to roam around in a field (Ro'eh) until it obtains a blemish, when it is sold and ...
2. ... the proceeds - are used to purchase Olos which are sacrificed on the long summer days ('Kayitz ha'Mizbe'ach').
(d)The source for this ruling - is the principle that whenever a Chatas must die (such as one whose owner has died), an Asham is Ro'eh.
Mishnah 12
21)
(a)What does the Mishnah say about a case where the Ganav already gave the money the men of the current Mishmar when he dies, and his heirs now claim it back?
(b)From which Pasuk in Naso do we learn this?
21)
(a)The Mishnah rules in a case where the Ganav already gave the money to the men of the current Mishmar when he dies, and his heirs now claim it back that - their claim is not upheld (See also Tos. Yom-Tov).
(b)We learn this from the Pasuk in Naso - "Ish asher Yitein la'Kohen lo Yi'hyeh" (Once a Kohen received a gift to which he is entitled, it cannot be taken away from him).
22)
(a)The Mishnah now discusses a case where the Ganav gave the money to Yehoyariv and the Asham to Yeda'yah to bring, or vice-versa. What is the significance of these two groups?
(b)What must he do first, pay the money or bring the Asham?
(c)What does the Tana therefore say in the event that the Ganav gave ...
1. ... the money to Yehoyariv and the Asham to Yeda'yah?
2. ... the Asham to Yehoyariv and the money to Yeda'yah, assuming the Asham is still alive?
(d)What must he do if Yehoyariv already brought the Asham on the Mizbe'ach?
(e)And what if the Ganav paid the Keren to Yehoyariv and then gave the Asham to Yeda'yah before having paid the Chomesh?
22)
(a)The Mishnah now discusses a case where the Ganav gave the money to Yehoyariv and the Asham to Yeda'yah - the first two of the twenty-four groups of Kohanim in served in the Beis-ha'Mikdash on a weekly rotation basis, to bring, or vice-versa.
(b)He must first pay the money - before bringing the Asham (See Tos. Yom-Tov DH 'she'ha'Meivi').
(c)The Tana therefore rules that, in the event that the Ganav gave ...
1. ... the money to Yehoyariv and the Asham to Yeda'yah - he is Yotzei, whereas if he first gave ...
2. ... the Asham to Yehoyariv and then the money to Yeda'yah, assuming the Asham is still alive - the former are obligated to hand it over to Yeda'yah.
(d)If Yehoyariv already brought the Asham on the Mizbe'ach - he must bring another one and give it to Yeda'yah.
(e)But if the Ganav paid the Keren to Yehoyariv and then gave the Asham to Yeda'yah before having paid the Chomesh - he is Yotzei (See Tos. Yom-Tov DH 'Ein ha'Chomesh Me'akev' [1. & 2.]) and remains obligated only to pay the Chomesh to whichever group he gives it to.
