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1) THINGS ONE MUST GIVE AWAY

(a) (Mishnah): Reuven was watching a deposit. He claimed that it was lost and accepted (answered Amen to) an oath to this effect, then witnesses testified that he ate it - he pays principle;

1. If he admitted that he ate it, he pays principle, the added fifth and brings a guilt-offering.

(b) If he claimed that it was stolen and accepted an oath on this, then witnesses testified that he ate it - he pays double;

1. If he admitted that he ate it, he pays principle, the added fifth and brings a guilt-offering.

(c) Reuven stole from his father, swore falsely to him, and his father died. He pays principle and the added fifth to his father's children or brothers, and brings a guilt-offering;

1. (Really, as an heir (if he has no brothers - the only heir) of his father, some (or all) of the payments should revert to him; however, he is obligated to expel the entire theft (and added fifth) from his jurisdiction.) If he does not want (or lacks the money) to pay it, he borrows this quantity, and the creditors collect it from his share of the inheritance.

(d) Shimon told his son David 'My property is Konam (forbidden to benefit from as a sacrifice) to you'; David still inherits him;

1. If he said 'My property is Konam to you in my life and after death', David does not inherit him; his portion reverts to Shimon's sons or brothers;

i. If David does not want (or cannot afford) to lose his portion, he borrows this quantity, and the creditors collect it from his share of the inheritance.

(e) (Gemara - Rav Yosef): (One who steals from his father, and he knows of no other heirs to give it to) - he must get rid of it, he may even put it in the Tzedakah box.
(f) (Rav Papa): He must say 'this is what I stole from my father'.

(a) Question: Why can't he keep the money (if he is the sole heir) - let him pardon himself!

1. (Mishnah): If the owner pardoned the thief from paying the principle, but not from the added fifth (the thief need not travel to return what he owes).

i. This shows, the theft can be pardoned!

(b) Answer #1 (R. Yochanan): R. Yosi ha'Gelili holds that theft can be pardoned, R. Akiva holds that it cannot.

1. (Beraisa - R. Yosi ha'Gelili) Question: "If the man has no redeemer (heir) to whom to return the theft" - but every Yisrael has heirs!
2. Answer: Rather, the verse speaks of a convert.

i. Reuven stole from a convert and swore falsely to him, he heard (a false report) that the convert died. He wanted to repent; he was taking the money (to give to the Kohanim) and his guilt-offering to Yerushalayim; he met the convert on the way. The convert agreed that the theft should be as a loan. The convert died; Reuven keeps the money.

3. R. Akiva says, he may not keep the theft.
4. Summation of answer: R. Yosi ha'Gelili holds that theft can be pardoned, R. Akiva holds that it cannot - neither distinguishes between pardoning oneself or another person.

i. According to R. Yosi (ha'Gelili), even if the convert (pardoned the theft and) did not make it a loan, Reuven keeps it;
ii. The Beraisa teaches this case to show the extremity of R. Akiva's opinion, that even when he made it a loan, Reuven cannot keep it.

(c) Question (Rav Sheshes): If so, R. Yosi should teach when the thief pardons himself, all the more so we will know that one can pardon another; and R. Akiva should teach that one cannot pardons another, all the more one cannot pardon himself!
(d) Answer #2 (Rav Sheshes): Both Mishnayos are as R. Yosi; a person can only pardon another, he cannot pardon himself.

1. Question: So why can the thief keep the money (in the latter Mishnah we brought)?
2. Answer: Because it was converted to a loan.

(e) Answer #3 (Rabah): Both Mishnayos are as R. Akiva; a person cannot pardon himself, but he can pardon others.

(f) Inference: This implies that R. Yosi holds that a person can even pardon himself!
(g) Question: If so, when did the Torah obligate a thief to give theft of a convert to Kohanim (he can pardon himself)!
(h) Answer (Rava): The case is, he stole from and swore falsely to a convert, then confessed after the convert died. When he confesses, the theft is acquired to Hash-m, i.e. it must be given to Kohanim.

(a) Question (Ravina): Reuven stole from a female convert (and she died) - what is the law?

1. "(If there are no heirs of the) man (who was robbed)" - the law only applies to a man;
2. Or - the Torah normally speaks this way (it does not come to exclude women)?

(b) Answer (Rav Aharon - Beraisa) "Man" - one might have thought, the law only applies to (stealing from) a male (convert);

1. Question: How do we know, even from a female?
2. [Version #1 - Answer: "To return (the theft...) that is returned" - the Torah speaks of 2 returnings (to male and female converts).]
3. [Version #2 - Answer: "(To return the theft to him, the theft) that is returned" - the Torah speaks of 2 thefts.]
4. Question: If so, why does it say "man"?
5. Answer: By a man, you must investigate whether he has heirs (children); a minor surely has no children.

(c) (Beraisa): "To Hash-m, to the Kohen" - Hash-m acquires the theft and gives it to a Kohen of the division serving that week (when the thief returns it).

1. Suggestion: Perhaps the thief may give it to any Kohen he wants!
2. Rejection: "Except for the ram of atonement with which he will atone for him" - the Torah speaks of a Kohen in that division.

(d) (Beraisa) Question: If a Kohen stole from a convert, how do we know that he cannot say, 'Since I am a Kohen, I may keep it'?

1. A Kal va'Chomer should teach that he may keep it!
2. [Version #1: A Kohen receives what others stole - all the more so, he should keep what he stole!]
3. [Version #2A (Rashi - R. Noson): A Kohen (Reuven) initially has no stake in the sacrifice of another Kohen (Shimon - Shimon may offer it himself if he wants) before it comes to Reuven;

i. If Shimon gives it to Reuven to offer, he cannot take it back;]

4. [Version #2B (Rashi - R. Noson): A Kohen (Reuven) initially has no share in Terumah until the owner of the produce gives them to him;

i. Once he receives them, he keeps them;

5. Reuven has a share in theft of a convert even before it comes to Reuven (i.e. if it was given to a Kohen of Reuven's division) - all the more so, once he has it (i.e. what he himself stole), no one should be able to take it from him!]

(e) Answer: The Kal va'Chomer is faulty!

1. In the source (what a Yisrael stole from a convert, or a Kohen's sacrifice, or Terumah) just as Reuven initially has no share, also other Kohanim initially have no share;
2. But when Reuven stole from a convert, just as Reuven has a share, other Kohanim (of the division) also have a share!

(f) Rather, all Kohanim (of the division) share Reuven's theft.
(g) Question: But it says "A man's Kadashav will be to him" (since a Kohen may offer his own sacrifices, he also gets (to keep) the theft)!
(h) Answer #1: The case is, Reuven is Tamei (since he cannot offer his own sacrifices, he does not get to keep the theft).
(i) Rejection: We said that he has a share - a Tamei Kohen has no share (in a Yisrael's theft, a Kohen's sacrifice, or Terumah)!
(j) Answer #2: We learn a Gezeirah Shavah "l'Kohen-l'Kohen" from an inherited field.

1. (Beraisa): Levi made his field Hekdesh; Reuven (a Kohen) redeemed it.
2. Question: How do we know that Reuven cannot say 'Since one who does not redeem his field before Yovel, it is divided among the Kohanim, and I am a Kohen, I may keep it - a Kal va'Chomer supports me'!

i. A Kohen receives what he did not redeem - all the more so, he should keep what he redeemed!

3. Answer: "As a Cherem field (which is given to Kohanim), it will be to the Kohen his inheritance" - this is not his inheritance;

i. Rather, it is divided among all the Kohanim in Yovel.