Bava Kamma 105a

בבא קמא ק״ה ע״א

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Topic

Heirs who swore falsely about their father's theft, the less-than-a-פרוטה rule, and רבא's series of questions about partial returns, shaving and sealing

Overview

The amud opens by finishing a discussion of heirs who swore falsely about what their father stole: why do they pay the קרן but not the חומש? רב הונא בריה דרב יהושע says the father already stood trial, and there is no חומש for denying a lien on land. רבא instead says the item exists but was deposited with others, so the heirs' oath was honest. Next the גמרא returns to the משנה about owing less than a פרוטה. רב פפא is quoted in two versions on whether the thief must go after the victim when the item still exists and might rise in value. רבא rules that the value at the time of the theft decides, and brings support from the משנה about stolen חמץ after פסח. רבא then asks a series of questions that follow the same pattern: two bundles worth one פרוטה, a נזיר's last two hairs, and a half-sealed hole in a barrel. In the first two cases he concludes that nothing that counts is left, yet the מצוה act was not done. The barrel question is left unresolved after a proof from a משנה is rejected. The amud ends as רבא begins a new question about stolen חמץ, which continues on the next amud.

Opening lines

The steps (27)

1. ResolutionThe case is where the father already stood trial
2. ChallengeThen they should pay the extra fifth too
3. ResolutionNo extra fifth for denying a debt backed by land
4. Resolutionרבא: the item was deposited with others
5. Statementרב פפא: if the item exists, go after the victim
6. StatementSecond version: no worry about rising value
7. StatementThree bundles that dropped in value must all be returned
8. ProofSupport from the משנה about stolen חמץ after פסח
9. ProofHow the חמץ case proves רבא's rule
10. QuestionTwo bundles worth one פרוטה, with only one returned
11. Responseרבא answers: no theft left and no returning
12. ChallengeIf there is no theft, there should be returning
13. ResolutionExempt from paying more, but no מצוה of השבה
14. StatementA נזיר who left two hairs has done nothing
15. QuestionWhat if one hair is shaved and one falls out
16. ChallengeShaving one hair at a time is obviously fine
17. ResolutionThe case is where one fell out first
18. Responseרבא answers: no hair and no shaving
19. ChallengeIf no hair is left, the shaving is done
20. ResolutionNo hair is left, but the מצוה of גילוח was not done
21. StatementA punctured barrel sealed by sediments is saved
22. QuestionWhat if only half the hole was sealed
23. Proofרב יימר points to a משנה about plugged barrels
24. ProofA vine without clay is like a half seal, so a half seal does not work
25. RejectionThe cases are different: a vine will not stay, but a half seal does
26. Statementרבא: a robber of חמץ may return it after פסח as it is
27. Questionרבא introduces a question