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Why does payment for stolen goods constitute a valid kinyan when the ganav is chayav misah for chilul Shabbos (שבת) and thus should be exempt from repayment? The shiur analyzes Bava Kamma 60b-61a, exploring Rava's chiddush of esnan asur b'imo and the machlokes Rishonim over whether chiyuv laZidei shamayim creates a contractual mechira despite kam lei d'rabbah minei.
This shiur examines a complex sugya in Bava Kamma 60b-61a concerning the case of "ganav hamachar b'Shabbos (שבת)" — a thief who sells stolen goods on Shabbos. The central problem is understanding when such a transaction constitutes a valid mechira (sale) and kinyan kesef (acquisition through money), given the halachic principle of kam lei d'rabbah minei (when one is liable for a more severe punishment, the lesser penalty is suspended). The Gemara (גמרא)'s fundamental question is whether the thief's transaction can be considered a proper sale. According to the straightforward reading, when a ganav is mechallel Shabbos while returning or transferring stolen property, he should be patur (exempt) from the monetary obligation of repayment because he is chayav misah (liable for capital punishment) for Shabbos violation. The principle of kam lei d'rabbah minei dictates that monetary obligations cannot be chal (take effect) when a capital punishment applies to the same act.
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Bava Kamma 60b-61a
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