Masechet Bava Kamma 65b-66a; Can there be Kefel & yet apply Chomesh VeAsham?; Intro to the sugya of Rav Ela'ah, he stole a calf & slaughtered a mature ox, שינוי

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Date:
August 10 2016
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1h 32min 42s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Halacha:

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 65b Bava Kamma: 66a  

Description

The sugya in Masechet Bava Kamma 65b-66a contains two distinct subjects. One, the opinions of Chachamim & Rebby Shimon re: can there be Kefel & yet we can at the same time apply the obligations of Chomesh VeAsham? Does Korban Asham have its own status & can the theif who took a false oath & pays Kefel be required to bring the Asham? The bulk of our shiur will offer an introduction to the debate between Rav Ela'ah & Rav Chanina in the case: he stole a calf & slaughtered a mature ox, did he acquire the animal with שינוי? The Beraisa will serve as the basis for this 'machlokes', is this a "reliable" Beraisa or does it have an inner contradiction which undermines its validity? If the thief was not קונה בשינוי, why does he pay כשעת הגזילה?

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