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If a thief has a shliach shecht the stolen animal on Shabbos (שבת), is he liable for the fourfold or fivefold payment? The shiur analyzes the Gemara (גמרא)'s position that the Rabbanan who exempt require both Rabbi Shimon's view and Rabbi Yochanan Sandler's ruling that ma'aseh Shabbos is forbidden. The core chakira: is shechita that's forbidden to the thief forever considered shechita she'einah re'uyah?
The shiur begins with a foundational Gemara (גמרא) that addresses when a ganav (thief) who steals an animal and has a shliach (agent) slaughter it on Shabbos (שבת) would be liable for daled v'hei (the fourfold or fivefold payment required when a thief slaughters or sells a stolen animal). The Mishna presents a dispute: Rabbi Meir holds the thief is liable even when the shechita occurs on Shabbos through an agent, while the Chachamim hold he is exempt. The Gemara's question is fundamental: if the Chachamim exempt because the shechita on Shabbos is a shechita she'einah re'uyah (an invalid slaughter), how can that be when the shechita is technically kosher? The Gemara brings a Braisa from Rabbi Yochanan Sandler that discusses cooking on Shabbos. The positions range from Rabbi Meir (who holds that food cooked on Shabbos be'shogeg may be eaten immediately, but be'meizid must wait until after Shabbos) to Rabbi Yehuda (be'shogeg requires waiting until motzei Shabbos, be'meizid is forbidden forever to the one who cooked it but permitted to others after Shabbos) to Rabbi Yochanan Sandler (be'shogeg is permitted to others after Shabbos but forbidden forever to him; be'meizid is forbidden to everyone forever). The Gemara establishes that the Rabbanan who exempt in the Mishna must hold like Rabbi Yochanan Sandler, creating the framework that ma'aseh Shabbos creates an issur achilah.
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Bava Kama 71a
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When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.
