Bava Kama
94
Zichru Daf Simanim
Bava Kamma - Daf 94
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  • Tannaim who apparently hold שינוי במקומו עומד

Abaye lists five Tannaim who hold שינוי במקומו עומד – an item which underwent a change stays in place and is not acquired: (1) Rebbe Shimon ben Yehudah said that dyeing wool does not render it exempt from ראשית הגז. (2) Beis Shammai holds that wheat given as an אתנן – harlot’s payment which was ground into flour is still invalid for an offering. (3) Rebbe Elazar ben Yaakov said that if one stole wheat and made bread with it, then separated חלה, he cannot make a berachah: אין זה מברך אלא מנאץ – this is not blessing Hashem but blaspheming Him to make a berachah over stolen goods. (4) Rebbe Shimon ben Elazar said that if a stolen animal deteriorated, he may return it as is. (5) Rebbe Yishmael says one must separate פאה even if the grain was ground into flour and made into dough. Rava rejected every proof: (1) Dyeing is a reversible change, because it can be removed with detergent. (2) Although a changed אתנן is acquired, it is still invalid as an offering, משום דאימאיס – because it is repugnant. (3) A berachah is different because it is a מצוה הבאה בעבירה. (4) The animal’s “deterioration” which does not acquire may be a reversible deterioration. (5) Regarding פאה, an extra word teaches it must be left even after undergoing a שינוי.

  • Rebbe’s takanah not to accept payment from גזלנין and מלוי רבית

It was taught in a Baraisa: הגזלנין ומלוי ברבית שהחזירו – Robbers and lenders on interest who attempted to return their illegally obtained money, אין מקבלין מהן – [their victims] should not accept it from them. והמקבל מהן אין רוח חכמים נוחה הימנו – And one who does accept it from them, a spirit of the Chochomim is not pleased with him. Rebbe Yochanan said this was enacted in Rebbe’s time, because of an incident in which someone wished to return his ill-gotten gains, until his wife warned him that if he would repent, he would not even keep his belt (which he stole), and he refrained from repenting. Later, the Gemara says that this takanah only applied בשאין גזילה קיימת – where the stolen item is no longer extant, and the robber would have to pay out of pocket. But if he still has the item, the victim may accept it back from him.

  • Children returning רבית collected by the father

The above Baraisa was challenged from another Baraisa which states that if a father died and left money of forbidden interest to his children, אין חייבין להחזיר – they are not obligated to return it. This implies that their father is obligated to return it!? The Gemara answers that the father would also not be required to return it, but the Baraisa discusses the children to contrast with the latter part of the Baraisa, which states that if he left them פרה וטלית וכל דבר המסויים – a cow, a cloak, or any distinct object (which would be recognized by the public as being illegally obtained), they are obligated to return it מפני כבוד אביהם – because of their father’s honor. The Gemara wonders why they must protect their father’s honor, for the passuk says: "ונשיא בעמך לא תאור" – and a prince “among your people” you shall not curse, implying this is only בעושה מעשה עמך – when he acts according to the deeds of your people, but one who sins is not entitled to honor!? The Gemara answers: בשעשה תשובה – the case is where [the father] repented before dying but did not manage to return the illegally obtained item before he died.

Siman – Hunter. The hunter who pointed his rifle at a thief to prevent him from making a berachah on wheat he stole, ground, and separated challah on, refused to take illegally obtained money that a גזלןwas trying to return to him because he knew his Rabbi would not be happy with him, but didn’t turn away the children returning his high-powered binoculars that their father stole from him, because of their father’s honor.

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Rabbi Avraham Goldhar

Rabbi Avraham Goldhar has been designing and teaching Jewish literacy courses for over thirty years. His knowledge frameworks for Biblical mastery, Jewish History, Talmudic Law & Jewish Holidays enable students of all backgrounds to better integrate Jewish concepts and learn systematically. After serving as the Educational Director of Aish HaTorah New York, Avraham launched GoldharSchool.com, Home of Big Picture Jewish Education, featuring Jewish literacy content for schools and individuals. He is the developer of the Goldhar Method, a revolutionary learning system that integrates memory into the learning process and has trained over 80,000 students, teachers and professionals. He lectures internationally on the topic of academic mastery and the solutions required to raise the bar in education. Avraham learned in Aish HaTorah, Mir, and Chaim Berlin and received his ordination under the tutelage of Rabbi Yitzchok Berkovits in Jerusalem.