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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 107


(a) In which connection does the Torah write "Ki Hu Zeh"?

(b) What does Rebbi Chiya bar Aba Amar Yochanan learn from "Ki Hu Zeh" with regard to a 'To'en Ta'anas Ganav be'Pikadon'?

(c) Rebbi Chiya bar Yosef disagrees with Rebbi Yochanan.
What does he mean when he says 'Eiruv Parshiyos Kasuv Ka'an'?

(a) What will Rebbi Chiya bar Yosef hold with regard to a Pikadon? When is the Shomer Chayav a Shevu'ah?

(b) He bases the distinction between Milveh and Pikadon on a statement of Rabah.
According to Rabah, why is a Kofer ba'Kol (someone who denies the entire claim) Patur from a Shevu'ah?

(c) If he doesn't have the gall to deny the creditor's claim, then why doesn't he admit to the entire claim?

(d) Why will this distinction not apply to a Pikadon?

Answers to questions



(a) What does Rami bar Chama, citing a Beraisa, say about the four Shomrim?

(b) Rava reveals Rami's his sources. What is his source for this ruling with regard to a Shomer Chinam?

(c) If Rami bar Chama's source for a Shomer Sachar is the 'Gezeirah-Shavah' "Nesinah" "Nesinah" from a Shomer Chinam, what is his source for ...

  1. ... a Sho'el?
  2. ... a Socher?
(a) The Pasuk which obligates a To'en Ta'anas Ganav to pay Kefel, first writes "ve'Nikrav Ba'al ha'Bayis el ha'Elohim im Lo Shalach Yado bi'Meleches Re'eihu".
What does the first phrase relate to?

(b) What does Rebbi Chiya bar Yosef now learn from the Pasuk?

(c) Does this mean that a To'en Ta'anas Ganav is Patur from returning the article unless he used it first?

(d) What did Rebbi Chiya bar Aba quote Rebbi Yochanan as saying?
What is 'Avusah'?

(a) What did Rebbi Zeira ask Rebbi Chiya bar Aba with regard to Rebbi Yochanan's opinion in 'Shalach Bah Yad'?

(b) The Shomer ought to be Chayav when he used the animal, 'Kal va'Chomer' from when he did not.
Why might he nevertheless be Patur?

(c) What did Rebbi Chiya bar Aba reply?

(a) What does Rav Asi quote Rebbi Yochanan as saying with regard to a To'en Ta'anas Avad who after swearing, was To'en Ta'anas Ganav, swore again, and then witnesses came?

(b) What does Rebbi Chiya bar Aba try to prove from here? Why, in his opinion, is the Shomer Patur?

(c) This reminds us of the opinion of Rav Sheishes, whose opinion we discussed above.
What did Rav Sheishes say?

(d) Why, according to Rebbi Chiya bar Aba, will everyone agree with Rav Sheishes in our case? How does this relate to Rav Sheishes' case?

(a) How do we counter Rebbi Chiya bar Aba's proof from this Beraisa? If the Shomer's P'tur is not based on the fact that he acquired it with the first Shevu'ah, then what is it based on?

(b) How do we know that this explanation is correct?

(c) What does Rav Sheishes say about a To'en Ta'anas Ganav who uses the object before swearing?

(d) How does he extrapolate this from the Pasuk "ve'Nikrav Ba'al ha'Bayis ... *Im Lo Shalach Yado* bi'Meleches Re'eihu"?

(a) A Shomer is obligated to make three Shevu'os: 1. that he wasn't negligent, 2. that he didn't use the object.
What is the third?

(b) In what respect does Rav Nachman try to compare the Shevu'ah that he didn't use the object to the Shevu'ah that the object is not in his Reshus? How does this pose a Kashya on Rav Sheishes?

(c) Rav Nachman replies that we actually compare the Shevu'ah that he did not use the object to the Shevu'ah that he was not negligent, where the Shomer is Patur (like Rav Sheishes).
Why is he Patur in the latter case?

(a) We learned in Perek Merubah that a To'en Ta'anas Ganav who pays Kefel is exempt from paying Chomesh. Rami bar Chama is not sure why he is Patur. It might be the fact that he pays more than the Keren.
Why else might it be?

(b) What are the ramifications of Rami's She'eilah?

(c) If it was the Shevu'ah that exempted him, he would have been Patur if, in the same case, he would have admitted to the *first* Shevu'ah after the witnesses had testified, but not when he admitted to the *second* one.
Why is he not Patur anyway because he has already fulfilled his obligation to the owner with the first Shevu'ah?

Answers to questions

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