Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:

Bava Kamma 

Halacha:

Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 65b  

Description

For Masechet Bava Kamma 65b we will study the case where witnesses testify that the Shomer Chinam took a false oath and stole the object. This is the sugya that addresses the overlap of Kefel & Chomesh. The latter is based on a Parsha in Sefer Bamidbar of Keren Chomesh VeKarban Asham in the case of one who took a false oath in order to deny the plaintiff's valid claim for payment. Rashi explains that the Beraisa of Rebby Yaakov quoted as a proof for Rav is based on the concept of chomesh HaNicar, which applies only if the kefel & Chomer are exactly equal. The suya works out the exact case: the stolen object depreciated from the moment of the theft to that of the false oath. Why shouldn't the thief pay both penalties?