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REVIEW QUESTIONS ON GEMARA AND RASHI

prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 108

1)

(a) Rava resolves Rami bar Chama's She'eilah from a Beraisa which discusses a case where Shimon denies having stolen Reuven's ox and accepts Reuven's oath to that effect.
What does the Tana rule in a case where ...
  1. ... witnesses then testify that he swore falsely?
  2. ... he subsequently admitted to that effect?
(b) What would be the Din if Shimon were to admit after the witnesses had testified?

(c) What does Rava prove from here?

2)
(a) Ravina asks whether the fact that Reuven pays Kefel will exempt Shimon from paying Chomesh ve'Asham.
What is the case?

(b) What is the outcome of Ravina's She'eilah?

(c) Rav Papa asks whether the exemption of 'Mamon she'Eino Mishtalem be'Rosh' (where the obligation to pay Kefel exempts payment of the Chomesh [which we are currently discussing]) will extend to where the second payment falls under the same category as the first.
Which two cases does Rav Papa's She'eilah incorporate?

(d) We resolve this She'eilah with Rava's D'rashah on the Pasuk in Vayikra "*va'Chamishisav* Yosef Alav" (in connection with the Chiyuv of Chomesh). What does Rava learn from this Pasuk? How does this resolve Rav Papa's She'eilah?

3)
(a) According to Abaye, if the Ganav is found after the Shomer first swore and then paid, the Kefel goes to the owner.
What does Rava say?

(b) Rava bases his reasoning on the fact that, when all's said and done, the Shomer has paid, so the owner grants him the Kefel.
On what grounds does Abaye's disagree?

(c) How does ...

  1. ... Abaye infer his ruling from the Reisha of the Mishnah in 'Hamafkid', which grants the Kefel to the Shomer because 'he paid and didn't want to swear'?
  2. ... Rava infer his ruling from the Seifa, which grants the Kefel to the Shomer because 'he swore and didn't want to pay'?
(d) How does ...
  1. ... Abaye explain the Seifa? Why does the Tana say 'he swore and didn't want to pay'?
  2. ... Rava explain the Reisha? Why does the Tana say 'he paid and didn't want to swear'?
Answers to questions

108b---------------------------------------108b

4)

(a) What She'eilah do we ask with regard to a case where a Shomer swears that he is Patur, then the Ganav who has been discovered, admits to the Shomer that he stole the article, but denies it when the owner claims it from him, and finally the owner brings witnesses?

(b) Seeing as the Ganav confessed to the Shomer, on what grounds might he nevertheless be Chayav to pay Kefel?

(c) How does Rava resolve the She'eilah?

5)
(a) Another text reverses the logic.
According to that text, why would one obligate the Ganav to pay Kefel when the Shomer swore correctly, and exempt him when he swore falsely?

(b) And how, based on the She'eilah that follows, do we refute this text?

(c) And what She'eilah does Rava ask with regard to a case where the Shomer wanted to swear falsely but was stopped from doing so? What are the two sides of the She'eilah?

(d) What is the outcome of the She'eilah?

6)
(a) The above is Rav Kahana's version of the She'eilah. According to Rav Tivyumi, Rava's She'eilah is whether, in the above case, the Ganav is exempt from Kefel if the Shomer swore falsely.
On what grounds might he be Patur?
Why might the owner appreciate the Shomer's false Shevu'ah?

(b) What is the outcome of this version of the She'eilah?

(c) And what She'eilah do we then ask with regard to a case where the Shomer pays the owner, then the Ganav, who has been discovered, admits to the owner that he stole the article, but denies it when the Shomer claims from him, and finally the Shomer brings witnesses?

(d) On the one hand, the Shomer claims that the owner has already received his payment from him, in which case, he has nothing more to do with the case, and the Ganav's admission in meaningless.
How, on the other hand, does the owner counter this?

(e) What is the outcome of this She'eilah?

7)
(a) If an armed robber steals an article and the Ganav is discovered, what is the Din regarding payment in the case of ...
  1. ... a Shomer Chinam?
  2. ... a Shomer Sachar?
(b) What choice does Abaye give a Shomer Chinam in this case?

(c) And what does he rule with regard to a Shomer Sachar? Why the difference?

(d) What does Rava say?

8)
(a) How do we establish the Machlokes between Abaye and Rava, in order to reconcile it with Rav Huna bar Avin, who appears to hold like Abaye?

(b) If they are speaking when the Shomer has already sworn, how can they say 'Ratzah Nishba'?

(c) Rabah Zuti asks a She'eilah in connection with an armed robber who steals the animal from the Shomer's house, and returns it.
What exactly is his She'eilah?

(d) What is the outcome of the She'eilah?

9)
(a) What does our Mishnah rule in a case where the Shomer claims that the Pikadon got lost and swears to that effect ...
  1. ... if witnesses then testify that he actually ate it?
  2. ... if he then confessed that he ate it?
(b) How will the above Din differ if, instead of claiming that the Pikadon got lost, he claims that it was stolen?
10)
(a) What will be the Din if someone steals from his father, swears that he is innocent, and then, after his father's death (see Maharsha), he admits to his brothers or uncles that he swore falsely?

(b) Is he permitted to retain the amount corresponding to his own portion in his father's inheritance?

(c) What is the reason for this stringent ruling?

(d) What can he do to save his inheritance, in the event that he does not wish to lose it?

11)
(a) Our Mishnah says that if a father says to his son 'I Atah Neheneh mi'Sheli', he nevertheless inherits his property when he dies.
In which case will he not do so?

(b) What happens then to his portion?

(c) What can he do to save his inheritance, in the event that he does not have enough to live on?

Answers to questions

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