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BAVA KAMA 76 (10 Av) - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel, as he was known, loved Torah and worked to support it literally with his last ounce of strength. He passed away on 10 Av 5740.
PAST DEDICATION
BAVA KAMA 76 (18 Adar) - Dedicated by Reb Gedalya Weinberger of Brooklyn, NY, in memory of his father, Reb Chaim Tzvi ben Reb Shlomo Weinberger, on the day of his Yahrzeit. Reb Chaim Tzvi, who miraculously survived the Holocaust, raised his children with a strong dedication to Torah and its study. |
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SUMMARY
If someone steals an animal and he is Makdish it and Shechts it or sells it he pays Kefel but not four or five. (1)
R. Shimon holds that Hekdesh that the owner is responsible to replace is in the Reshus of the owner. (2)
R. Yosi ha'Glili holds that Kodshim Kalim is the Mamon of the owner.
If someone steals an animal and he Shechts it or sells it and than he is Makdish it he pays Kefel four or five.
Someone who steals from a Ganav and someone who steals Hekdesh from the house of the owner is Patur from paying four or five.
R. Shimon holds if a Ganav steals Hekdesh that the owner is responsible to replace he is Chayav four or five if he Shechts it.
R. Shimon holds that a Shechitah which doesn't permit the meat to be eaten is not a Shechitah.
R. Yochanan says that a Ganav who Shechts Hekdesh is Chayav four or five according to R. Shimon if he Shechts the Hekdesh in the Azarah. (3)
Reish Lakish says that a Ganav who Shechts Hekdesh is only Chayav four or five according to R. Shimon if he Shechts Hekdesh that is a Ba'al Mum outside the Azarah.
R. Shimon holds that a Korban which the blood is fit to be sprinkled on the Mizbe'ach is as if it had already been sprinkled and if it is fit to be redeemed it is as if it has already been redeemed.
R. Shimon says that if Kodshim became Nosar before it is ready to have the blood of the Korban sprinkled on the Mizbe'ach it is not Metamei Tum'as Ochlin, but if it became Nosar after it was ready to have the blood sprinkled on the Mizbe'ach it is Mitamei Tum'as Ochlin. (4)
A BIT MORE
1. He is Patur from paying four or five because the animal that he Shechted now belongs to Hekdesh and not to the original owner.
2. If the animal of Hekdesh is stolen from the owner according to R. Shimon the Ganav is Chayav Kefel even though there is no Chiyuv Kefel for stealing from Hekdesh since the Hekdesh remains in the Reshus of the owner.
3. If it was Shechted outside the Azarah it is forbidden to be eaten and it is not regarded as a Shechitah. However, R. Yitzchak says that the blood spilled before the Zerikas ha'Dam because otherwise the principle is returned to the owner and there is no Chiyuv of four or five, while Ravin says that he Shechted it in the name of someone other than the owner and therefore the principle was not returned to the owner.
4. If a Korban that may be eaten for one day and one night such as a Todah was Shechted right before sunset and there was no time for the Zerikas ha'Dam before sunset it is not Metamei Tum'as Ochlin, however if there was sufficient time before sunset for the Zerikas ha'Dam even if he did not do the Zerikas ha'Dam it is Mitamei Tum'as Ochlin because blood that is fit be sprinkled on the Mizbe'ach is as if it had already been sprinkled.
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BRIEF INSIGHT
HEKDESH BEDEK HA'BAYIS
The Gemara states a Ganav who is Makdish an animal is not Chayav four or five because it is not the same as a sale; because an animal of Hekdesh was originally the Shor of Reuven and it remains the Shor of Reuven. Tosfos says that this Sevara only applies to Kodshei Mizbe'ach since it is brought as a Korban by the owner, however if a Ganav is Makdish it for Kodshei Bedek ha'Bayis it is no longer the Shor of Reuven and therefore it is the same as a sale and the Ganav pays four or five. Tosfos asks if so why didn't the Gemara ask that the Mishnah should have differentiated between Kodshei Bedek ha'Bayis and Kodshei Mizbe'ach. Tosfos answers because the Stam Kedushah of a live animal that is fit to be brought as a Korban is for the Mizbe'ach not for the Bedek ha'Bayis.
QUICK HALACHAH
STEALING HEKDESH
If someone steals from a non-Jew, or steals from Hekdesh, he only pays the principle and someone who steals from the house of the owner whether it is Kodshei Kodshim or Kodshim Kalim, whether the owner is responsible to replace it or not he is Patur from Kefel and four or five. (Rambam Hilchos Geneivah 2:1)
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