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BAVA KAMA 65

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SUMMARY Even if the stolen object was not found in the hands of the Ganav and it was found instead in his roof or courtyard he is Chayav Kefel.   Rav says that a Ganav pays the principle of the stolen object in accordance with its value at the time of the Geneivah and the Kefel and four or five is paid in accordance with the value at the time of the Din. (1)   If a Ganav stole an animal and fattened it up he pays Kefel and four or five in accordance with its value at the time of the Geneivah. (2)   If a Ganav stole an animal and weakened it with hard work he pays Kefel and four or five in accordance with its value at the time of the Geneivah. (3)   Rabah says that if someone steals a jug of wine that is worth a Zuz and it goes up in price to four Zuz, if he breaks it with his own hands he must pay for the principle four Zuz and if it breaks by itself he only pays one Zuz. (4)   If someone steals a jug of wine that is worth four Zuz and it goes down in price to one Zuz even if he breaks it with his own hands he must pay four Zuz.   If a Shomer swears that the guarded object was stolen and he admits that he stole it before witnesses arrive he pays the principle plus an additional fifth and he brings an Asham.   If he admits that he stole it after witnesses arrive he pays Kefel and he brings an Asham and the Kefel also covers the additional fifth if the Kefel and the fifth are exactly the same amount of money according to Rebbi Yakov. (5)   The Chachamim hold that he pays Kefel and brings an Asham but he is Patur from paying an additional fifth because an additional fifth is only paid if he is only paying the principle, not if he is paying Kefel. (6)   Rebbi Shimon holds that he pays Kefel but he is Patur from paying an additional fifth and from bringing an Asham because an additional fifth is only paid and an Asham is only brought if he is only paying the principle, not if he is paying Kefel.   If a Shomer swears falsely a number of times that his guarded object was stolen he must pay an additional fifth for each time he swore falsely.   If a person steals a calf and it grows into an ox if he is Koneh with a Shinuy (change) and if he slaughters it or sells it he is Patur from four or five.   The Beraisa states a if person steals a calf and it grows into an ox, if he slaughters it or sells it he pays Kefel and four or five in accordance with the price at the time of the Geneivah. (7)   A one day old ox or ram is already called a Shor and an Ayil in the Pasuk.   If a person gives a Zonah an Esnan of wheat, olives, or grapes and she turns it into flour, oil or wine according to Beis Shamai it is forbidden to be brought on the Mizbe'ach while Beis Hillel hold that it is permitted. (8) A BIT MORE 1. This only applies if the market value of the stolen object went up and then the object broke by itself or if the market value went down even if he broke it with his own hands. However if the market value went up and the Ganav broke the object with his own hands he must pay the principle in accordance with the value at the time that he broke it.   2. Even though Rav says that Kefel and four or five is paid in accordance with the value at the time of the Din, however in this case since the Ganav fattened it up himself he is not obligated to pay in accordance with the extra worth.   3. Even though Rav says that Kefel and four or five is paid in accordance with the value at the time of the Din, however in this case when he weakened the animal it is as if he started to slaughter it and therefore he must pay in accordance with the value at the time that he started to weaken it.   4. Even though Rav says that a Ganav pays the principle in accordance with the value at the time of the Geneivah, however if he breaks it with his own hands it is regarded as a new act of Geneivah and he pays the value that it is worth at the time that he broke it.   5. If the principle was originally four Zuz at the time of the Geneivah and it went down to one Zuz at the time of the Din the Kefel is a Zuz because Kefel is paid in accordance with the value at the time of the Din according to Rav, and the fifth is also a Zuz because the fifth is paid in accordance with the value at the time of the Geneivah. Another possible way for the fifth and the Kefel to be the same amount is if he swears a number of times until the fifth is equal to the Kefel because for each time he swears falsely he must pay another fifth.   6. Even if the fifth and the Kefel are not exactly the same amount of money he is Patur from paying a fifth according to the Chachamim.   7. This Beraisa is in accordance with the opinion of Beis Shamai who holds that a Shinuy is not Koneh.   8. An Esnan may not be brought on the Mizbe'ach, however if it underwent a Shinuy it is permitted according to Beis Hillel, while Beis Shamai argues.

BRIEF INSIGHT FATTENING AN ANIMAL   Even though Rav says that Kefel and four or five is paid in accordance with the value at the time of the Din, however in a case when he weakened the animal it is as if he started to slaughter it and therefore he must pay in accordance with the value at the time that he started to weaken it. Why is weakening it considered as if he started to slaughter it? A Ganav is only Chayav four or five if he slaughters it not if he kills it with any other method. Consequently even if the Ganav worked it so hard that it died he would not pay four or five. The Nimukei Yosef answers that even if the Ganav actually slaughters it according to one opinion only the very last bit of the Shechitah is considered part of the Ma'aseh Shechitah and even so the Ganav pays in accordance with the value of the animal at the beginning of the Shechitah, not at the end of the Shechitah. Therefore in this case as well, even though he did not literally slaughter the animal however weakening the animal is the same as the beginning of Shechitah and therefore he pays in accordance with the value of the animal at the time that he started to weaken it. QUICK HALACHAH A GROWN SHOR   If a Ganav steals an emaciated animal and he fattens it up it or he steals a fat animal and he weakens it he pays Kefel and four or five in accordance with its value at the time of the Geneivah. If a person steals a calf and it grows into an ox he pays Kefel and four or five in accordance with its value at the time of the Geneivah. If he slaughters or sells it after it gets bigger since there was a Shinuy he is selling or slaughtering his own animal and he is Patur from paying four or five. (Rambam Hilchos Geneivah 1:13)

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