We are studying Bava Kama 65
You wrote in the Point by Point outlines:
2) THE ADDED FIFTH
a) Support ((for Rav) R. Chanina - Beraisa): A watchman claimed that the deposit was stolen; he swore
falsely, admitted that he lied, and witnesses testified that the watchman himself took it:
1. If he admitted before witnesses came, he pays principle, an added fifth (quarter of the principle),
and brings an Asham;
2. R. Yakov says, if he admitted after witnesses came, he pays double and brings an Asham; the extra payment (of the double payment) counts as the added fifth.
3. Chachamim say, "In its principle and its fifth" - one only adds a fifth when paying principle (not when
paying double).
4. R. Shimon bar Yochai says, the fifth and Asham only apply when a double payment is made.
According to the way my Chavrusah and I read the Gemara, and the way Artscroll translated it, point 4 should be restated: when a double payment is NOT made. Is there something we are missi?ng?
Please advise.
Sincerely,
Hillel Judasin
Your are correct, the outline should be corrected. On Bava Kama top of 65b, instead of:
4. R. Shimon bar Yochai says, the fifth and Asham only apply when a double
payment is made.
it shoud say:
4. R. Shimon bar Yochai says, the fifth and Asham do not apply when a
double payment is made.
Thank you!
Pesach Feldman