Bava Kamma 109b
בבא קמא ק״ט ע״ב
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Topic
גזל הגר: who receives the payment, including a female convert and a כהן who is himself the robber
Overview
The גמרא first challenges רבא's explanation, which seemed to let a robber forgive a debt to himself. If that were so, the Torah's law of giving גזל הגר to the כהנים could never happen. רבא answers that the law applies when the robber admits only after the convert has died, because then ה׳ acquires the debt and gives it to the כהנים. רבינא asks whether robbing a female convert is included. A ברייתא shows that she is, and that the word "איש" teaches that only an adult convert must be checked for heirs. Another ברייתא teaches that the payment goes to the כהנים of the משמר on duty. If the robber is himself a כהן, he cannot keep the payment; it is shared among all the כהנים. The גמרא tries to explain this as a case of a כהן טמא, rejects that answer, and instead learns it through a גזירה שוה from a redeemed שדה אחוזה. Finally, a ברייתא teaches that a כהן may offer his own קרבנות any time, and he keeps their service rights and hide even if he is a בעל מום.
Opening lines
מִכְּלָל דְּרַבִּי יוֹסֵי הַגְּלִילִי סָבַר:
By inference, does it follow that Rabbi Yosei HaGelili holds:
אֲפִילּוּ לְנַפְשֵׁיהּ נָמֵי מָצֵי מָחֵיל?!
that he can forgive it even to himself?!
אֶלָּא גֶּזֶל הַגֵּר
But the robbery of a convert,
דְּקָאָמַר רַחֲמָנָא נְתִינָה לְכֹהֲנִים,
about which the Merciful One says it must be given to the priests,
The steps (23)
- ChallengeIf the robber can forgive himself, when does the payment ever reach the כהנים?
- ResolutionThe case where the robber admits only after the convert dies
- QuestionDoes the law also apply to robbing a female convert?
- Proofרב אהרן brings a ברייתא that includes a woman
- ChallengeIf a woman is included, why does the verse say "man"?
- Resolution"Man" teaches when you must check for relatives
- Statementה׳ acquires the payment and gives it to the כהן on duty
- QuestionMaybe any כהן he wants may receive it?
- ResponseProof from the ram of atonement
- QuestionA כהן who robbed a convert: can he say "it's mine"?
- ProofLogic says he should keep it: a קל וחומר
- Proofרבי נתן's version of the same argument
- RejectionThe comparison fails: everyone shares in stolen property
- ChallengeA challenge from 'his holy things shall be his'
- ResolutionAnswer: the case is a כהן טמא
- ChallengeA כהן טמא has no share at all
- ResolutionNew answer: a גזירה שוה from שדה אחוזה
- ProofThe ברייתא about a כהן who redeemed the field
- ProofA logical argument that the כהן should keep the field
- RejectionThe פסוק shows the field is split among all the כהנים
- StatementA כהן may bring his own קרבנות any time
- StatementThe service and hide of his קרבן belong to him
- ResponseEven a כהן with a מום keeps the service and hide