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1) SLAUGHTER OR SALE THROUGH AN AGENT

(a) (Beraisa): One who stole an animal pays 4 or 5 for any of the following:

1. He gave the animal to an agent, who slaughtered or sold it;
2. He made it Hekdesh;
3. He sold the animal on credit;
4. He exchanged the animal for other goods, or gave the animal as a gift;
5. He used it to pay for what he had bought on credit, or to pay a loan;
6. He sent it as Sivlonos (a gift to the house of the woman he was Mekadesh);

(b) Question: What Chidush do we learn?
(c) Answer: First, we learn that he is liable through an agent, i.e. if one makes an agent to slaughter or sell, it takes effect;

1. Even though in (almost) all other Mitzvos, an agent to transgress is not an agent, here he is.
2. Question: Why is this?
3. Answer: "And he slaughtered it or sold it" - just as he can only sell it through another, he is also liable for slaughtering through another.

(d) Then we learn that he is liable for making it Hekdesh - giving to Hekdesh is as selling to a person.

(a) (Mishnah): Reuven stole and slaughtered or sold an animal of Shimon - he pays 4 or 5 whether only the theft was from Shimon's premises (but not the slaughter or sale), or if only the slaughter or sale was in Shimon's premises, or if both were outside Shimon's premises;

1. But if both were in Shimon's premises, he does not pay 4 or 5.

(b) If Reuven was dragging the animal to take it out, and it died while still in Shimon's premises, he is exempt;

1. If he lifted it, or took it outside and then it died, he is liable.

(c) If he gave the animal to a Kohen to redeem his firstborn, to his creditor, to a free watchman, borrower, paid watchman or renter, and he was dragging it out, and it died in Shimon's premises, he is exempt;

1. If he lifted it, or took it outside and then it died, he is liable.

(d) (Gemara) Question (Ameimar): Was there an enactment of Meshichah by watchmen (Rashi - that a watchman is not liable until he does Meshichah; Tosfos - that a owner cannot retract from his agreement to lend or rent out his animal after Meshichah)?
(e) Answer (Rav Yeimar - Mishnah): If he gave the animal to a Kohen to redeem his firstborn, to his creditor, to a free watchman, borrower, paid watchman or renter, and he was dragging it out, and it died in Shimon's premises, he is exempt.

1. Suggestion: Reuven's watchman was dragging it - (Reuven is exempt because Meshichah is not complete until it leaves the owner's premises) - this teaches that there was an enactment of Meshichah by watchmen!

(f) Rejection (Ameimar): No, Reuven was dragging it from the premises of Shimon's watchman.
(g) Question: But we know this from the beginning of the Mishnah!
(h) Answer: The Mishnah teaches about a thief who steals from the owner's premises, and one who steals from a watchman's house.
(i) Objection (Rav Ashi): There is no reason to differentiate between them (the Mishnah need not teach both)!

1. Rather, as we said - Reuven's watchman was dragging it; this teaches that there was an enactment of Meshichah by watchmen.

(j) (R. Elazar) Just as there was an enactment of Meshichah by buyers, there was an enactment of Meshichah by watchmen.
(k) Support (Beraisa) Just as there was an enactment of Meshichah by buyers, there was an enactment of Meshichah by watchmen;

1. Just as land is acquired through money, a document or Chazakah, a rental agreement takes effect through money, a document or Chazakah.
2. Question: Of what rental does the Beraisa speak?

i. Suggestion: Rental of Metaltelim.

3. Answer (Rav Chisda): Rental of land.

(a) (R. Elazar): Witnesses saw Reuven hide in a forest (to steal animals that graze there) and slaughter or sell them - he pays 4 or 5.
(b) Question: But he did not do Meshichah!
(c) Answer (Rav Chisda): He hit the animals with a stick (so they would move -this is Meshichah).
(d) Question: Since witnesses saw him, he is an open robber (only a covert thief pays 4 or 5)!
(e) Answer: Since he was trying to hide, he is a thief.
(f) Question: If so, what is the case of an open robber?
(g) Answer #1 (R. Avahu): Such as Benyahu ben Yehoyada - "He stole the spear from the hand of the Mitzri..."
(h) Answer #2 (R. Yochanan): Such as the people of Shechem - "They waited in ambush on the hilltops, and would rob anyone that passed."

1. Question: Why didn't R. Avahu learn from R. Yochanan's verse?
2. Answer: Since they hid (until people came), they are thieves.

i. R. Yochanan holds, they only hid so people would not (see them and) flee.

(i) Question: Why does the Torah punish thieves more than (open) robbers?
(j) Answer (R. Yochanan ben Zakai): An robber does not disrespect Hash-m more than he disrespects people - he openly defies both;

1. A thief defies Hash-m (without fear), but he fears people and hides from them;
2. He acts as if Hash-m does not see or hear what he does - "Woe to those that delve deeply to (try to) conceal their counsel from Hash-m, they act in darkness";

i. Also - "They said, Hash-m does not see or understand".
ii. Also - "They said, Hash-m abandoned the land, he does not see".

(k) R. Meir: R. Gamliel gave a parable - this is as 2 people that were in a city that made parties. One invited the people of the city, but not the king's children, the other invited neither - the punishment of the former is greater.
(l) R. Meir: How great is work! One who steals an ox deprives the owner of its labor - he pays 5 times the value;

1. One who steals a Seh, which does not work, only pays 4 times.

(m) R. Yochanan ben Zakai: How great is the honor of people! When one steals an ox, the ox walks - the thief pays 5 times the value;

1. One who steals a Seh, he must carry it on his shoulders - he only pays 4 times.

(a) (Mishnah): We may not raise small animals (i.e. that do not work) in (settled parts of) Eretz Yisrael, but we may raise them in Surya or wildernesses of Eretz Yisrael;
(b) We may not raise chickens in Yerushalayim lest they cause Tum'ah to Kodshim, nor may Kohanim (who eat Terumah) raise chickens anywhere in Eretz Yisrael;
(c) Pigs may not be raised anywhere;
(d) Dogs may only be raised if tied on a leash.
(e) We may not set traps for doves within 4 Mil of a settled area.
(f) (Gemara - Beraisa #1): We may not raise small animals in Eretz Yisrael, but we may raise them in forests of Eretz Yisrael;

1. In Surya, we may raise them even in settled areas - all the more so, in Chutz la'Aretz;

(g) (Beraisa #2): We may not raise small animals in Eretz Yisrael, but we may raise them in wildernesses of Yehudah or near Ako;

1. Large animals may be raised, because we do not impose a decree which the majority of the congregation cannot fulfill;

i. It is not necessary to raise small animals - people can get them (for sacrifices or to eat) from Chutz la'Aretz;
ii. Large animals are constantly needed for labor, it is not feasible to get them from Chutz la'Aretz.

2. Although small animals may not be raised in Eretz Yisrael, one may get one within 30 days of when he needs it for (a sacrifice on) a festival or for a wedding feast;

i. This leniency is only if he will use the animals on the festival;
ii. An animal bought before the festival may not be kept after the festival (even within 30 days), e.g. if he used other animals for the festival.

(h) A butcher may buy what he will need to slaughter for the market day; he may not leave animals past the market day until 30 days.