hebrew
1)

Why the double Lashon "Im Himatzei Simatzei"?

1.

Targum Yonasan: 'If witnessess testify that he has the ox ... in his possession'.

2.

Bava Kama, 75a): To teach us that if the Ganav admits to have stolen the article, he is Patur from paying - even if witnesses subsequently arrive in Beis-Din. 1


1

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

2)

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.

3)

Why is a Ganav Chayav Kefel for stealing a donkey, but nor fourfold 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.

4)

What is the significance of 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 tht he did not Shecht it


1

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

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