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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 109


(a) What does Rav Yosef say about the son who stole from his father, if there are no heirs?

(b) And what should he say, according to Rav Papa, when handing the money to the Gabai of Tzedakah?

(c) What is the Torah talking about when it writes "ve'Im Ein la'Ish Go'el"?
Who is the "Ish" to whom it refers? What does he then do with the money that he stole?

(a) The Beraisa speaks about a Ganav, who, after stealing and swearing to a Ger, hears that he died and is taking the money to Yerushalayim, when he actually meets him.
What happens next?

(b) Rebbi Yossi Hagelili rules that the Ganav is permitted to keep the money.
What does Rebbi Akiva say?

(c) Like which Tana will we therefore establish ...

  1. ... the Seifa of our Mishnah, which does not permit the Ganav to be Mochel himself?
  2. ... the Mishnah earlier in the Perek "Machal Lo al ha'Keren, ve'Lo Machal Lo al ha'Chomesh"?
(d) Is there currently any difference between the Ganav being Mochel himself after the Ger or his father dies, and the owner being Mochel the Ganav, according to ...
  1. ... Rebbi Yossi Hagelili?
  2. ... Rebbi Akiva?
(a) What is the significance of 'Zakfan Alav be'Milveh'?

(b) Assuming that Rebbi Yossi Hagelili makes no distinction between whether 'Zakfan Alav be'Milveh' or not, why does the Tana then insert 'Zakfan Alav be'Milveh' in the Beraisa?

(c) What problem does this pose on the Mishnos involved? What should the Tana have taught in connection with ...

  1. ... 'Machal Lo al ha'Keren ... '?
  2. ... the thief who inherits his father (our Mishnah)?
(a) Rav Sheishes therefore establishes the Seifa of our Mishnah, as well as the Mishnah of 'Machal Lo al ha'Keren', like Rebbi Yossi Hagelili? What premise has he changed in order to do this?

(b) And what will Rebbi Akiva then hold?

(a) According to Rava, the author of both Mishnos is Rabbi Akiva (who learns like Rebbi Yossi Hagelili learned according to Rav Sheishes).
What does Rebbi Yossi Hagelili then hold according to Rava?

(b) How will Rebbi Yossi Hagelili then explain 'Gezel ha'Ger', which the Torah obligates the Ganav to pay the Kohen? Why can the Ganav simply not be Mochel himself?

(c) In which case does Rebbi Yossi Hagelili then permit the Ganav to be Mochel himself (with regard to Gezel ha'Ger)?

Answers to questions



(a) Ravina asks whether Gezel ha'Giyores has the same Din as Gezel ha'Ger. Why might it not?

(b) On the other hand, now that the Torah writes "Ish", why might it not preclude Gezel Giyores?

(c) What do we learn from the double Lashon " ... Lehashiv ... ha'Mushav"?

(d) If the Torah does not intend to preclude Gezel Giyores, then why does the Torah write "Ish"? What important principle does this teach us?

(a) What do we learn from the Pasuk ...
  1. ... in Naso "la'Hashem la'Kohen"?
  2. ... "Mil'vad Eil ha'Kipurim Asher Yechaper Bo Alav" (ibid.)?
  3. ... in Shoftim "L'vad Mimkarav al ha'Avos"?
(b) According to the Tana Kama, why might we have thought that a Kohen ought to acquire his own Gezel ha'Ger?
(a) Rebbi Nasan reasons differently. His S'vara is based on the Din of a Kohen who brings a Korban.
What do Chazal say about this?

(b) What does he subsequently mean when he says ...

  1. ... 'Davar she'Ein Lo Cheilek Bo ad she'Yika'nes bi'Reshuso, ke'she'Yika'nes li'Reshuso Eino Yachol Lehotzi'o mi'Yado'?
  2. ... 'Davar she'Yesh Lo Cheilek Bo ad she'Lo Yika'nes bi'Reshuso, Eino Din she'Ein Yachol Lehotzi'o mi'Yado'?
(c) What else might 'Davar she'Ein Lo Cheilek Bo' refer to?

(d) On what grounds do we repudiate Rebbi Nasan's S'vara?

(a) So what happens to the Gezel ha'Ger that is brought by a Kohen?

(b) What do we currently learn from the Pasuk in Naso "ve'Ish es Kodoshav Lo Yiheyeh"?

(c) How do we attempt to query the current Beraisa, which forbids a Kohen to keep his own Gezel ha'Ger, from here?

(d) How do we establish the Beraisa, in order to reconcile it with this D'rashah?

(a) On what grounds do we reject the previous answer? Why can the Tana not possibly be talking about a Tamei Kohen?

(b) We finally derive the Din of Gezel ha'Ger with a 'Gezeirah-Shavah' "Kohen" "Kohen".
From which Halachah do we learn it?

(c) The Tana suggests that a Kohen's Sadeh Achuzah might revert back to him in the Yovel (with a 'Kal va'Chomer similar to that of Gezel ha'Ger that the Tana Kama Darshened earlier).
How does he counter this suggestion with the Pasuk in Bechukosai "ki'S'dei ha'Cherem la'Kohen Tih'yeh *Achuzaso*"?

(d) But did we not just learn from "ve'Ish es Kodashav Lo Yih'yu" that a Kohen can bring his own Korbanos and takes the skin and the flesh (incorporating Gezel ha'Ger)?

(a) What does the Tana of a Beraisa learn from the Pasuk ...
  1. ... in Shoftim "u'Va be'Chol Avas Nafsho ve'Sheireis"?
  2. ... in Naso "ve'Ish es Kodoshav Lo Yih'yu"?
(b) What does the Beraisa go on to say about a Kohen who is old or sick (and unable to eat the flesh)?
Answers to questions

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