POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Kama 111
1) GIVING THE MONEY AND OFFERING TO DIFFERENT DIVISIONS
(a) (Mishnah): If Reuven gave the money to division
2) THE MONEY MUST BE GIVEN FIRST
(b) (Beraisa - R. Yehudah): If he gave the guilt-offering to
division Yehoyariv, and the money to Yadayah (the next
division to serve), the money reverts to the division
that received the guilt-offering;
1. Chachamim say, the guilt-offering reverts to the
division that received the money.
(c) Question: What is the case?
1. If each division was serving when it received the
offering or money - each merits to keep what it got!
(Even if Chachamim would fine Yehoyariv for taking
the guilt-offering before the money - R. Yehudah
would not fine Yadayah, they did nothing wrong!)
(d) Answer (Rava): The case is, both were given when
Yehoyariv was serving.
1. R. Yehudah fines Yadayah for taking the money during
the week of Yehoyariv (so they must give it to
(e) (Beraisa - Rebbi): According to R. Yehudah, if Yehoyariv
offered the guilt-offering, Reuven must bring another
guilt-offering, which Yadayah offer; Yehoyariv do not
lose what they have.
2. Chachamim fine Yehoyariv for taking the
guilt-offering before the money.
(f) Question: They have an invalid offering, it is useless!
(g) Answer (Rava): They can keep the skin.
(h) (Beraisa #1 - Rebbi): According to R. Yehudah, if the
guilt-offering is still around, the division that has the
money offers it.
(i) Question: But R. Yehudah holds that the money goes to the
division with the guilt-offering!
(j) Answer: The case is, Yehoyariv did not claim the money
during its week;
1. By doing so, it waived its privilege.
(k) (Beraisa #2 - Rebbi): According to R. Yehudah, if the
guilt-offering is still around, the money reverts to the
division with the guilt-offering.
(l) Question: This is obvious (R. Yehudah says this
(m) Answer: That is when neither division claimed from the
other during its week;
1. One might have thought, each waived its privileges
and allows the other to keep what it has - we hear,
this is not so;
i. Rather, Yehoyariv demands the money and brings
the guilt-offering the next time it serves.
(a) (Mishnah): One who gave the money before bringing the
(b) Question: How do we know this?
(c) Answer (Rava): "The Asham that is returned to Hash-m, to
the Kohen, aside from the ram of atonement, with which he
will atone" - implying, the money must be returned first.
(d) Question: If so, you should also expound "Aside from the
morning Tamid offering" to teach that the Musaf offering
precedes the Tamid!
1. (Beraisa): No sacrifice may be brought before the
morning Tamid - "He will arrange on (the woodpile)
(e) Answer (Rava): I learn from "With which he will atone" -
the guilt-offering is brought after the money is
i. (Rava): "The burnt-offering" implies, the first
(f) (Mishnah): If he gave the principle...
(g) (Beraisa) Question: (Reuven transgressed Me'ilah;) how do
we know that if he only brought the payment or
guilt-offering (but not both) he did not fulfill his
(h) Answer: "With the ram of the Asham, he will be forgiven".
(i) Question: How do we know that if he brought the
guilt-offering before the payment, he did not fulfill his
(j) Answer: "With the ram of the Asham (principle)"
(implying, the principle was already brought).
(k) Suggestion: Perhaps just as if he omitted the payment or
guilt-offering, he did not fulfill his obligation, also
if he did not pay the added fifth!
(l) Rejection: "With the ram of the Asham, he will be
forgiven" - principle and the guilt-offering are needed
for atonement, not the added fifth.
(m) We learn about (one who stole from) Hekdesh from (one who
stole from) a commoner (i.e. convert), and vice-versa.
1. Just as theft of a convert, "Asham" refers to
principle, also by Me'ilah;
2. Just as by Me'ilah, the added fifth is not needed
for atonement, also by theft of a convert.
***** PEREK HA'GOZEL U'MA'ACHIL *****
3) TO WHOM DOES THE THEFT BELONG
(a) (Mishnah): Reuven stole and fed the theft to his children
or left it intact in front of them, and died - they are
exempt from paying;
1. If it was something with Acharayos (e.g. land), they
are liable (this will be explained).
(b) (Gemara - Rav Chisda): Shimon stole from Yehudah, Yehudah
did not despair of getting it back; Levi came and ate it
- Yehudah may collect from either one he wants.
(c) Question: Why is this?
(d) Answer: As long as Yehudah did not despair, it belongs to
him (Levi also stole from Yehudah).
(e) Question (Mishnah): Reuven stole and fed the theft to his
children or left it intact in front of them, and died -
they are exempt from paying.
1. This refutes Rav Chisda (he says, it still belongs
to the owner)!
(f) Answer (Rav Chisda): The Mishnah is after the owner
(g) [Version #1 (Mishnah): If he left it intact in front of
them, they are exempt.
(h) (Rami bar Chama): This teaches that heirs are as buyers.
(i) (Rava): Heirs are not as buyers - the case is, they ate
(j) Question (end of the Mishnah): If it was something with
Acharayos they are liable - implying, the first clause is
when the theft is still around!
(k) Answer (Rava): The second clause means, if their father
left them other property with Acharayos (i.e. land), they
(l) Question: But Rebbi taught his son R. Shimon, the Mishnah
does not really mean land, rather, an animal he works
1. They must return for the sake of their father's
honor (so people will not see the animal and recall
(m) Rava: I explain the Mishnah as R. Oshiya.
1. (R. Oshiya): The Mishnah means, if Reuven stole and
fed the theft to his children - they are exempt;
(n) (R. Oshiya): If the stolen object is not intact, they are
i. If he left it intact in front of them, they are
liable; if not, they are exempt;
ii. If he left them property with Acharayos they
(o) Suggestion: This refutes Rav Chisda!
(p) Answer (Rav Chisda): This is after the owner despaired.
(q) (R. Oshiya): If the stolen object is intact, they are
(r) Suggestion: This refutes Rami bar Chama!
(s) Answer (Rami bar Chama): This is before the owner