BAVA KAMA 108 (9 Adar I) - Dedicated l'Iluy Nishmas Sarah bas Zishe Ehrmann, by her grandson Zev Rosenbaum (of Yerushalayim), in honor of her Yahrzeit

1)

WHEN ONE PAYS KEFEL, AND WHEN CHOMESH (Yerushalmi Perek 9 Halachah 7 Daf 40b)

îúðé' àéëï ô÷ãåðé à''ì àáã îùáéòê àðé åàîø àîï åäòãéí îòéãéï àåúå ùàëìå îùìí àú ä÷øï

(a)

(Mishnah #1): If one said 'where is my deposit?', and [the Shomer] said that it was lost, and accepted (answered Amen to) an oath to this effect, then witnesses testified that he ate it, he pays principal;

äåãä îòöîå îùìí ÷øï åçåîù åàùí

1.

If he admitted [that he ate it], he pays principal and Chomesh and brings a Korban Asham.

àéëï ô÷ãåðé àîø ìå ðâðá îùáéòê àðé åàîø àîï åäòãéí îòéãéï àåúå ùâðáå îùìí úùìåîé ëôì

(b)

If one said 'where is my deposit?', and he said that it was stolen, and accepted an oath about this, then witnesses testified that he ate it, he pays Kefel;

äåãä îòöîå îùìí ÷øï åçåîù åàùí

1.

If he admitted [that he ate it], he pays principal and Chomesh and brings an Asham.

äâåæì àú àáéå åðùáò ìå åîú äøé æä îùìí ÷øï åçåîù ìáðéå àå ìàçéå

(c)

If Reuven was Gozel from his father, swore falsely to him, and his father died, he pays principal and Chomesh to his (Rashi - father's; Tosfos - own) children or brothers;

àí àéðå øåöä àå ùàéï ìå ìååä åáòìé äçåá áàéï åðôøòéï:

1.

(Really, since he is an heir (if he has no brothers, he is the only heir) of his father, some (or all) of the payments should revert to him. However, he must remove the entire Gezeilah (and Chomesh) from his Reshus.) If he does not want (or lacks the money) to pay the share he should inherit, he borrows this amount, and the creditors collect it from his share of the inheritance.

âî' úðé àéï î÷áìéï ô÷ãåï îðùéí åòáãéí å÷èðéí.

(d)

(Gemara - Beraisa): We do not accept a deposit from [married] women, slaves and minors;

÷éáì îàùä éçæéø ìä îúä éçæéø ìáòìä îòáã éçæéø ìå åàí îú éçæéø ìøáå. î÷èï (éçæéø ìå) [ö''ì éòùä áäï ñâåìä - ôðé îùä] îú éçæéø ìàáéå (åòåùä áäï ñâåìä - ôðé îùä îåç÷å).

1.

If one accepted from a woman, he returns to her. If she died, he returns to her husband. If one accepted from a slave, he returns to him. If he died, he returns to his master. If one accepted from a minor, he makes a Segulah (investment) with it. If he died, he returns to his father.

åëåìï ùàîøå áùòú îåúï ééðúðå ìôìåðé ùäï ùìå éòùä ôéøåù ìôéøåùå.

(e)

Anyone who said at the time of his death 'give them to Ploni, for they are his', we explain his words.

ø' æáéã' áùí ø' áà áø îîì åáìáã áòãéí

(f)

(Rav Zvid citing R. Ba bar Mamal): This is only if [he said 'give them to Ploni'] in front of witnesses.

ëäãà àéúú ãø' áà áø çðà îé ãîëà àîøä àäï ÷éøåùà ãáøúé åäåà àîø ìéú äåà àìà ãéãé àúà òåáãà ÷åîé øá àîø àéï àãí îöåé ìù÷ø áùòú îéúä:

1.

This is like the case of R. Ba bar Chanah's wife. When she was dying, she said 'this gold ring is my daughter's', and [her husband] said 'no, it is mine.' The case came in front of Rav Ami. He said, a person is not prone to lie at the time of death.