Masechet Bava Kamma 78a-b: the word שה excludes כלאים; the theif sold the animal but left part of it for himself

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Date:
August 17 2016
Length:
1h 13min 23s
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1
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823
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Bava Kamma 
Halacha:
Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 78a ,  Bava Kamma: 78b  

Description

Our sugya analyzes the Drasha of Rava that 'שה' excludes כלאים. To what area of Halacha is this relevant? Kodshim? Maaser Behema? Peter Chamor? In the 2nd half of the shiur we will discuss the case of a thief who sold the stolen animal but left part of the animal for himself. An incomplete sale cannot engender an obligation to pay Daled VaHeh. What constitutes a שיור i.e. an incomplete sale? What part of the animal was left out of the sale? We will study the 4 views on this question. What is the difference between the case of the shechita of a טריפה & the case of 'nechira' or נתנבלה? In the 1st case the thief pays Daled VaHeh, but not in the 2nd. One takes a Neder & designates an ox as an Olah, what animal must the thief give to the נגנב?

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