What are the implications of "Veheishiv es ha'Gezeilah"?
What is the significance of the order in which the sinner atones - "ve'Heishiv es ha'Gezeilah" ... "ve'es Ashamo Yavi"?
Seforno: We learn from here that his Korban does not atone for him unless he first returns the article in question and appeases the owner. 1
It is not clear however, from where the Seforno learns the obligation to appease the owner?
Why does the Torah add the (otherwise superfluous) words "asher Gazal" and "asher Ashak"?
Rashi (in Pesachim, 32a): "Asher Gazal" teaches us that, if the article depreciated by the time he appeared in Beis-Din, the Gazlan must pay according to what the article was worth when he stole it.
Bava Kama #1 67b: To teach us that a person is only Chayav to add a fifth and to bring an Asham Gezeilos for what he stole or for the worker's wages that he failed to pay, but not on what his father stole or on the wages that his father failed to pay. 1
Bava Kama #2 67a): "Asher Gazal" teaches us that a Gazlan is only Chayav to return the article in its original state, but if he changed it, he is only obligated to reimburse the owner. 2
Bava Kama, 98b: "Asher Gazal" teaches us that as long as a stolen article is unchanged from its original form and shape, the owner may return it ? even if its price has diminished, even if it is valueless. 3
Bava Kama, 112a: "Asher Gazal" teaches us that, if, after Ye'ush (the owner has given up hope of receiving his article), the Gazlan feeds his children, they are Patur from paying. 4 However if the article is still intact, they are obligated to return it.
Yerushalmi Bava Kama, 1:4: Asher Gazal" teaches us that a stolen article is not subject to assessment. If the Ganav or Gazlan break the stolen article or cause it to depreciate, or if they happen by themselves. In other words, he is not permitted to return the broken pieces to the owner and add the ba,ance, but must either give him a new article or the value of a new article.
See Torah Temimah, note 140.
See also Torah Temimah, note 139.
Bava Kama, Ibid.): Such as a coin that has been withdrawn from circulation, fruit that has gone bad, wine that has turned sour, T'rumah that became Tamei, Chametz after Pesach (Seee Torah Temimah, note 141) that a Yisrael owned on over Pesach, an animal that was worshipped or raped and an ox that has to be stoned - before Bein-Din has sentenced it to death. In all these cases, the Gazzlan can say to the owner 'Harei she'Lecha Lefanecha!'
See Torah Temimah, note 142.
Why does the Torah add the (otherwise superfluous) phrase "O es ha?Pikadon asher Hofkad ito"?
Sifra: To teach us that if he no longer has the article in his possession, then he must pay its value.
