Masechet Bava Kamma 104a: The two dimensions of וכחש בעמיתו; trying to decipher Rashi on how we know that חומש could not be כפרה

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Date:
January 26 2017
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1h 5min 29s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

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Halacha:

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 104a Bava Kamma: 104b  

Description

As an introduction to our sugya in B"K regarding the status of חומש & whether the heirs of the גזלן need to pay the נגזל the חומש, we will study the verses in the Parsha of a Gazlan that took a false oath in Vayikra. The פסוקים indicate that there are two dimensions of in the parsha of וכחש בעמיתו. The ambiguous "middle" case of חומש can fit into one of those two dimensions. The bulk of the shiur today is dedicated to an attempt to decipher the words of Rashi in our sugya regarding how we know that חומש could not be כפרה. The mystery of this Rashi lies in Rashi's premise that if Chomesh were to be defined as כפרה it would be self-evident that the גזלן would not have to transport the חומש all the way to מדי. But why is that simple?

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by the Goldberg and Mernick Families in loving memory of the yahrzeit of Illean K. Goldberg, Chaya Miriam bas Chanoch and by Shimon and Dena Kerner l'zecher nishmas Shlomo Dovid ben Yaakov haKohen Kerner whose yahrtzeit is Shevii shel Pesach