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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 65


(a) Earlier, we quoted Rav, who said 'Achyeihu le'Keren Ke'ein she'Ganav'.
What about the Kefel and the Daled ve'Hey?

(b) Based on a Beraisa, Rav Sheishes objected vehemently.
What does the Beraisa say regarding Kefel and the Daled ve'Hey in a case where ...

  1. ... the Ganav fattened the animal after the theft?
  2. ... the animal grew weaker after the theft?
(c) How do we reconcile Rav with both statements? Why does the Ganav pay the animal's original value in the case where ...
  1. ... the animal grew stronger after the theft?
  2. ... the animal grew weaker after the theft?
(d) In that case, what is Rav speaking about?
(a) We try and avoid establishing Rav when the animal was initially worth one Zuz and then appreciated to four, so that Rav should not clash with Rabah.
What does Rabah say about someone who stole a barrel of wine worth one Zuz, and after its price had risen to four ...
  1. ... he broke or drunk it?
  2. ... it broke?
(b) What is the reason for the former ruling?

(c) How would Rav clash with Rabah if he was speaking when the animal was initially worth one Zuz and then appreciated to four?

(d) So how do we finally establish Rav ('Keren Ke'ein she'Ganav, Tashlumei Kefel Daled ve'Hey ke'Sha'as Ha'amadah be'Din)?

(a) Rebbi Chanina cites a Beraisa in support of Rav. According to Rebbi Ya'akov, a To'en Ta'anas Ganav who admits that he swore falsely before witnesses testified to that effect, he pays Keren, Chomesh ve'Asham.
Why does he not pay Kefel?

(b) If he confessed after the witnesses testified, he pays the Keren and Kefel and brings an Asham.
Why does he not pay the Chomesh?

(c) Under what condition does the Kefel cancel the Chomesh?

Answers to questions



(a) What do the Chachamim learn from the Pasuk in Vayikra (written in connection with Asham Gezeilos) "be'Rosho va'Chamishiso"? What does "be'Rosho" mean?

(b) What does Rebbi Shimon add to the Chachamim?

(c) Seeing as the Tana Kama agrees that he is Patur from Chomesh in this case, what is the Machlokes between the Tana Kama and the Chachamim?

(a) If the Beraisa was speaking about a case where the value of the article remained unchanged, it seems obvious that the Chomesh would not equal the Kefel.
If the article was originally worth one Zuz and then appreciated to four Zuzim, how much would he have to pay in the form of ...
  1. ... Kefel?
  2. ... Chomesh?
(b) Which case must the Tana then be referring to when it speaks about the Chomesh being equivalent to the Kefel?

(c) What does this prove?

(d) Rava concludes that the Beraisa could well be speaking when the article was worth four Zuzim all along, yet the Chomesh totaled the same as the Kefel.
How is this possible?

(a) The Chachamim exempt the Ganav from the Chomesh whenever he pays Kefel, from the Pasuk "be'Rosho va'Chamishiso". Why do they not also exempt him from the Asham, since the Pasuk continues "ve'es Ashamo ... "?

(b) On what grounds then, does Rebbi Shimon exempt him from the Asham?

(c) The Chachamim counter Rebbi Shimon with the argument that the Torah ought to have then omitted both the 'Vav' and the "es".
What does Rebbi Shimon say to that?

(a) What does Rebbi Ila'a say about someone who steals a lamb which he Shechts after it has grown into a ram (or a calf and Shechts it after it has grown into a cow)?

(b) How about Keren and Kefel?

(a) Rebbi Chanina asks on Rebbi Ila'a from a Beraisa.
What does the Tana say about Kefel and Daled ve'Hey in the case of someone who steals a lamb and it grows into a ram? What is the Kashya on Rebbi Ila'a?

(b) How does Rebbi Ila'a counter Rebbi Chanina's Kashya?

(c) How does Rebbi Chanina answer this? Why, in Rebbi Chanina's opinion, does the Ganav not pay Kefel and Daled ve'Hey according to the current value, even if he did not acquire the animal with Shinuy?

(d) Did Rebbi Ila'a and Rebbi Chanina accept each other's answers?

(a) Rebbi Zeira asked why the Ganav does not anyway acquire the lamb when it becomes a sheep, and the calf when it becomes a cow, because of Shinuy Hashem.
What is Shinuy Hashem?

(b) Rava 's answer is based on two Pesukim.
What does he learn from the Pasuk ...

  1. ... in Emor "Shor O Kesev O Eiz Ki Yivaled"?
  2. ... in Va'yeitzei "ve'Eilei Tzoncha Lo Achalti"?
(c) We have not yet answered Rebbi Chanina's Kashya on Rebbi Ila'a from the Beraisa.
According to Rebbi Ila'a (who holds that a lamb becoming a ram is considered a Shinuy), why *does* the Tana obligate a Ganav who stole a lamb or a calf and Shechted or sold it after it grew up to pay Daled ve'Hey?

(d) If someone gives a woman wheat, olives or grapes and she makes flour, oil or wine, one Beraisa permits their use as a Korban, the other Tana forbids it.
How did Rav Yosef, quoting Gurion from Aspurk, interpret the Machlokes? Who are the authors of the respective Beraisos?

(a) In the Pasuk in Ki Seitzei (in connection with the prohibition of Esnan Zonah and Mechir Kelev), what do ...
  1. ... Beis Shamai learn from "*Gam* Sheneihem"?
  2. ... Beis Hillel learn from 'hem' ("Gam Shenei*hem*)"?
(b) What do Beis Shamai learn from 'hem'?

(c) From where do Beis Hillel learn this Derashah?

(d) And what do Beis Hillel learn from "Gam"?

Answers to questions

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