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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 66

BAVA KAMA 66 - This Daf has been sponsored in memory of the thousands of innocent lives that were lost in horrifying acts of terror. Sponsored by Rabbi N. Slifkin, author of "Nature's Song" (on Perek Shirah) and other works.


(a) The Beraisa over which Rebbi Ila'a and Rebbi Chanina argue states 'Meshalem Tashlumei Kefel ve'Tashlumei Arba'ah va'Chamishah Ke'ein she'Ganav'.
Why is this a Kashya on Rav? What does Rav say (in the previous Sugya) about Kefel Arba'ah va'Chamishah, in a case where the animal appreciated or depreciated in value?

(b) How does Rava reconcile Rav with the Beraisa? When do we go after the current price, and when is the Ganav permitted to pay the original price of the animal?

(a) What does Rabah learn from the Pasuk in Vayikra "ve'Heishiv es ha'Gezeilah"?

(b) What does the Mishnah in 'ha'Gozel Kamah' say about someone who ...

  1. ... steals wood which he uses to manufacture vessels or wool from which he makes a garment?
  2. ... dyes the wool of Reishis ha'Gez (the first shearings, that he should have given to the Kohen)?
(c) What does Rabah extrapolate from these Mishnahs?
(a) What Safek did Rabah have with regard to Yi'ush?

(b) Why might Yi'ush be Koneh mi'd'Oraysa? What precedent do we have for this?

(c) From where do we learn that Yi'ush is Koneh by Aveidah?

(d) What makes Yi'ush by theft different than Yi'ush by a lost article, that causes Rabah to have doubts as to whether it is Koneh mi'd'Oraysa?

(a) Rav Yosef asked Rabah a Kashya from a Beraisa.
What does the Tana say about someone who stole Chametz before Pesach and wishes to return it after Pesach?

(b) By what rights is he permitted to say 'Harei she'Lecha Lefanecha', seeing as the Chametz is completely valueless?

(c) How will Rabah answer this Kashya? If Yi'ush acquires elsewhere, why does it not acquire here (because if it were, the Ganav would be obligated to pay in full)?

Answers to questions



(a) What does the Beraisa learn from the Pasuk in Vayikra "Im Olah *Korbano*"?

(b) Is the Pasuk speaking before Yi'ush or afterwards?

(c) What did Abaye ask Rava from this Beraisa on Rabah?

(a) In what connection does the Tana of another Beraisa extrapolate "Mishkavo", 've'Lo ha'Gazul'?

(b) What problem does Rava have with this Beraisa?

(c) How does Rava therefore explain both Beraisos, automatically resolving Raba in one swoop (assuming that the Pasuk is speaking before Yi'ush)?

(d) Alternatively, the Pasuk might even be speaking after Yi'ush.
What does the Beraisa then teach us?

(a) What does the Tana in the Beraisa mean when he says 'Oros shel Ba'al ha'Bayis Machshavah Metam'asan'? What does he mean by Machshavah?

(b) He continues however, 've'Shel Abdan, Ein Machshavtan Metam'asan'.
On what grounds does he draw a distinction between the two?

(c) And on what grounds does ...

  1. ... the Tana Kama conclude 'shel Ganav, Machshavtan Metam'asan, ve'shel Gazlan, Ein Machshavtan Metam'asan'.
  2. ... Rebbi Shimon say the opposite?
(a) Abaye asks on Rav Yosef (who holds that Yi'ush is not Koneh) from this Beraisa.
What does Rav Yosef reply?

(b) Rabah bar Rav Chanan objects to this answer however, on the grounds that the Tana is referring to an Itzva.
What is an 'Itzva'?

(c) His objection is based on a Mishnah in Keilim.
What does the Tana say there about vessels that require trimming? Why is an Itzva different?

(d) For twenty-two years Rav Yosef was unable to answer this Kashya.
What major change then took place in Rav Yosef's life, that probably gave him the impetus to discover the answer?

(a) How does Rav Yosef finally answer the Kashya? If the Ganav did not acquire the skin through Yi'ush or through Shinuy Ma'aseh, how did he acquire it?

(b) What is the basic difference between Shinuy Ma'aseh and Shinuy Hashem (see Tosfos DH 'Shinuy Hashem')?

(a) What is a 'Marish'?

(b) According to the Mishnah in Iduyos, if someone stole a Marish and built into his mansion, he is permitted to pay its value.
Why is he not obligated to demolish the mansion in order to return the beam?

(c) What is a 'Keshura' and a 'Telala'?

(d) In what way does this create a Kashya on Rav Yosef?

(a) To answer the previous Kashya, Rav Yosef cites a Pasuk in Yechezkel "Tzal'os ha'Bayis ve'ha'Uvim".
According to the Tana of the Beraisa, what were the ...
  1. ... "Tzal'os ha'Bayis"?
  2. ... "Uvim"?
(b) What does Rav Yosef prove from this Beraisa? What does the Tana call the beams?

(c) According to Rebbi Zeira, the Shinuy Hashem of Marish would not acquire anyway.
Why not?

Answers to questions

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