Bava Kamma 106 - February 16, 7 Adar 1

Study Guide Bava Kamma 106

Today's daf is sponsored by Judy Schwartz in loving memory of her parents, Yechezkel Shraga ben Yehuda Leib Halevi and Esther Tydor whose yahrzeit is 7 Adar, and Shirley K Tydor, Sara Reizel bat Mordechai Yitzchak and Freida Sima, whose yahrzeit was 23 Shevat. "They would have been thrilled to know their daughter and granddaughters learn daf yomi!" 

Today’s daf is sponsored by the Hadran Women of Long Island in honor of Gitta’s granddaughter, Esti Rosenberg engagement to Baruch Lapidus. "May the couple be blessed with a lifetime of good health, happiness and nachat."

Today's daf is sponsored by the Tannenbaum family in loving memory of Miriam's father, -יעקב יצחק בן משה נחום הלוי ז"ל Jack Zemsky zl on his 20th yahrzeit tomorrow. "His life embodied a metaphoric reading of the pasuk, "ונקרב בעל הבית אל האלהים" He was one whose actions were infused with drawing closer to הקב"ה. His modeling of אהבת ה' & אהבת ישראל continue to inspire us יהי זכרו ברוך"

Rav Sheshet holds that once one denies a claim regarding an item he/she was watching, he/she is considered a robber and is obligated to pay even for accidental damages, even if they didn't take an oath denying the claim. Rami bar Chama contradicts Rav Sheshet's opinion from a braita, but it is resolved. Another contradiction is brought from a halakha of Ilfa and is resolved in two possible ways. Rav learns from the verse "the owner takes and he doesn't need to pay" that once a shomer (or debtor) takes an oath, even if witnesses come and prove is was stolen, the shomer will no longer be exempt from payment. Three rabbis raise difficulties against this statement of Rav. The first two are resolved. As a result of the last difficulty, Rava qualifies Rav's statement and limits it to a case where the shomer claimed it was lost, and then swore and witnesses came to contradict the oath. Only in that case, is one exempt from payment. But in all other cases where the shomer came forward and admitted or in a case where the claim was that it was stolen and then witnesses came, he/she would be obligated to pay as the verses in the Torah clearly state that. Rabbi Chiya bar Abba states in the name of Rabbi Yochanan that if one claims an item they were watching was stolen and they also slaughtered it, they would also be liable to pay the four/five payment. They raise difficulties with this opinion but resolve it. Rabbi Chiya bar Abba states in the name of Rabbi Yochanan that if one claims an item that one found was stolen from them, all the same laws apply as to a shomer. A difficulty is raised, but resolved in two ways.