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Bava Kamma 111a

בבא קמא קי״א ע״א

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Topic

Splitting the robber's payment and אשם between priestly shifts, the order of payment before אשם, and why the חומש does not hold back atonement

Overview

The amud opens with the last line of an earlier discussion: a woman is content with any marriage, as ריש לקיש's saying shows. Then the גמרא turns to a robber (גזלן) who gave his payment and his אשם to two different priestly shifts, יהויריב and ידעיה. רבא explains that both items were given during יהויריב's week. רבי יהודה fines ידעיה for taking money out of turn, so the money joins the אשם. The רבנן fine יהויריב for taking the אשם before the money, so the אשם joins the money. Several ברייתות of רבי then apply רבי יהודה's view to special cases. In one, the first אשם was already offered and יהויריב keeps its hide. In others, one shift or both let their week end without asking for the item. רבא then shows from the words 'with which he will atone' that the money must come before the אשם. Finally, a ברייתא about מעילה, together with a two-way comparison to גזל הגר, teaches that the ram and the קרן are both required for atonement but the חומש is not. With that, the פרק הגוזל עצים ends.

Opening lines

דְּמֵינָח נִיחָא לַהּ בְּכֹל דְּהוּ –

that it is satisfactory for her with any arrangement at all

כְּרֵישׁ לָקִישׁ, דְּאָמַר רֵישׁ לָקִישׁ:

in line with Reish Lakish, as Reish Lakish said:

טָב לְמֵיתַב טַן דּוּ,

It is better to sit as two bodies

מִלְּמֵיתַב אַרְמְלוּ.

than to sit as a widow.

The steps (31)

  1. ResolutionA woman is content with any marriage
  2. StatementDispute over returning the money or the guilt offering
  3. QuestionWhat case is the dispute about?
  4. Responseרבא: both were given during יהויריב's week
  5. Responseרבי יהודה fines ידעיה
  6. ResponseThe רבנן fine יהויריב
  7. StatementIf יהויריב already offered the אשם, a new אשם is brought
  8. ChallengeWhat could יהויריב possibly keep from an invalid אשם?
  9. Resolutionרבא: יהויריב keeps the hide
  10. StatementIf the אשם still exists, it goes to the money
  11. ChallengeBut רבי יהודה said the money goes to the אשם
  12. ResolutionThe case is where יהויריב's shift ended without asking for the money
  13. Conclusionיהויריב gave up its claim to the money
  14. StatementAnother ברייתא: the money goes back with the אשם
  15. ChallengeIsn't that obvious?
  16. ResolutionThe case: both watches ended and nobody asked
  17. ConclusionSilence is not giving up: go back to the basic rule
  18. QuestionWhere do we learn that the money comes before the אשם?
  19. Responseרבא: the word 'besides' shows the money comes first
  20. ChallengeChallenge: does 'besides' always mean 'after'?
  21. ChallengeNothing may come before the morning תמיד
  22. Resolutionרבא learns the order from 'with which he will atone'
  23. QuestionIf he brings only the payment or only the אשם
  24. ResponseBoth the ram and the payment are needed
  25. QuestionWhat if the offering came before the payment?
  26. ResponseThe payment must already have been made
  27. QuestionDoes the extra fifth also hold back atonement?
  28. ResponseOnly the ram and the payment are required
  29. Statementהקדש and הדיוט teach each other
  30. ConclusionWhat each case teaches the other
  31. ConclusionHadran — Closing the chapter of הגוזל עצים