Masechet Bava Kamma 63a-b: More on paying כפל and the Shomer who swore the object was stolen & witnesses established that the Shomer stole the object!

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August 07 2016
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1h 9min 35s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

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Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 63a Bava Kamma: 63b  

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For Bava Kamma 63a-b we continue our study of the thief who pays כפל and the Shomer Chinam who swore the object was stolen & then witnesses testified that the Shomer himself stole the object. In both cases there is a payment of כפל. But are these two presented by the Torah in two sections, or is the section dedicated exclusively to the case of the Shomer & the classical thief is derived from the Shomer with a Kal VaChomer? The sugya rejects the latter option by virtue of the rule of דיו; after all the Shomer pays if & when he takes a false oath. How then can we derive the classical גנב who took no oath at all? Furthermore, if the entire Parsha refers to the Shomer scenario why the necessity for two verses addressing the very same case?

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