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1) GIVING THE MONEY AND OFFERING TO DIFFERENT DIVISIONS

(a) (Mishnah): If Reuven gave the money to division Yehoyariv...
(b) (Beraisa - R. Yehudah): If he gave the guilt-offering to division Yehoyariv, and the money to Yadayah (the next division to serve), the money reverts to the division that received the guilt-offering;

1. Chachamim say, the guilt-offering reverts to the division that received the money.

(c) Question: What is the case?

1. If each division was serving when it received the offering or money - each merits to keep what it got! (Even if Chachamim would fine Yehoyariv for taking the guilt-offering before the money - R. Yehudah would not fine Yadayah, they did nothing wrong!)

(d) Answer (Rava): The case is, both were given when Yehoyariv was serving.

1. R. Yehudah fines Yadayah for taking the money during the week of Yehoyariv (so they must give it to Yehoyariv);
2. Chachamim fine Yehoyariv for taking the guilt-offering before the money.

(e) (Beraisa - Rebbi): According to R. Yehudah, if Yehoyariv offered the guilt-offering, Reuven must bring another guilt-offering, which Yadayah offer; Yehoyariv do not lose what they have.
(f) Question: They have an invalid offering, it is useless!
(g) Answer (Rava): They can keep the skin.
(h) (Beraisa #1 - Rebbi): According to R. Yehudah, if the guilt-offering is still around, the division that has the money offers it.
(i) Question: But R. Yehudah holds that the money goes to the division with the guilt-offering!
(j) Answer: The case is, Yehoyariv did not claim the money during its week;

1. By doing so, it waived its privilege.

(k) (Beraisa #2 - Rebbi): According to R. Yehudah, if the guilt-offering is still around, the money reverts to the division with the guilt-offering.
(l) Question: This is obvious (R. Yehudah says this explicitly)!
(m) Answer: That is when neither division claimed from the other during its week;

1. One might have thought, each waived its privileges and allows the other to keep what it has - we hear, this is not so;

i. Rather, Yehoyariv demands the money and brings the guilt-offering the next time it serves.

(a) (Mishnah): One who gave the money before bringing the guilt-offering...
(b) Question: How do we know this?
(c) Answer (Rava): "The Asham that is returned to Hash-m, to the Kohen, aside from the ram of atonement, with which he will atone" - implying, the money must be returned first.
(d) Question: If so, you should also expound "Aside from the morning Tamid offering" to teach that the Musaf offering precedes the Tamid!

1. (Beraisa): No sacrifice may be brought before the morning Tamid - "He will arrange on (the woodpile) the burnt-offering".

i. (Rava): "The burnt-offering" implies, the first burnt-offering.

(e) Answer (Rava): I learn from "With which he will atone" - the guilt-offering is brought after the money is returned.
(f) (Mishnah): If he gave the principle...
(g) (Beraisa) Question: (Reuven transgressed Me'ilah;) how do we know that if he only brought the payment or guilt-offering (but not both) he did not fulfill his obligation?
(h) Answer: "With the ram of the Asham, he will be forgiven".
(i) Question: How do we know that if he brought the guilt-offering before the payment, he did not fulfill his obligation?
(j) Answer: "With the ram of the Asham (principle)" (implying, the principle was already brought).
(k) Suggestion: Perhaps just as if he omitted the payment or guilt-offering, he did not fulfill his obligation, also if he did not pay the added fifth!
(l) Rejection: "With the ram of the Asham, he will be forgiven" - principle and the guilt-offering are needed for atonement, not the added fifth.
(m) We learn about (one who stole from) Hekdesh from (one who stole from) a commoner (i.e. convert), and vice-versa.

1. Just as theft of a convert, "Asham" refers to principle, also by Me'ilah;
2. Just as by Me'ilah, the added fifth is not needed for atonement, also by theft of a convert.

3) TO WHOM DOES THE THEFT BELONG

(a) (Mishnah): Reuven stole and fed the theft to his children or left it intact in front of them, and died - they are exempt from paying;

1. If it was something with Acharayos (e.g. land), they are liable (this will be explained).

(b) (Gemara - Rav Chisda): Shimon stole from Yehudah, Yehudah did not despair of getting it back; Levi came and ate it - Yehudah may collect from either one he wants.
(c) Question: Why is this?
(d) Answer: As long as Yehudah did not despair, it belongs to him (Levi also stole from Yehudah).
(e) Question (Mishnah): Reuven stole and fed the theft to his children or left it intact in front of them, and died - they are exempt from paying.

1. This refutes Rav Chisda (he says, it still belongs to the owner)!

(f) Answer (Rav Chisda): The Mishnah is after the owner despaired.
(g) [Version #1 (Mishnah): If he left it intact in front of them, they are exempt.
(h) (Rami bar Chama): This teaches that heirs are as buyers.
(i) (Rava): Heirs are not as buyers - the case is, they ate the theft.
(j) Question (end of the Mishnah): If it was something with Acharayos they are liable - implying, the first clause is when the theft is still around!
(k) Answer (Rava): The second clause means, if their father left them other property with Acharayos (i.e. land), they are liable.
(l) Question: But Rebbi taught his son R. Shimon, the Mishnah does not really mean land, rather, an animal he works with;

1. They must return for the sake of their father's honor (so people will not see the animal and recall the theft).

(m) Rava: I explain the Mishnah as R. Oshiya.

1. (R. Oshiya): The Mishnah means, if Reuven stole and fed the theft to his children - they are exempt;

i. If he left it intact in front of them, they are liable; if not, they are exempt;
ii. If he left them property with Acharayos they are liable.

(n) (R. Oshiya): If the stolen object is not intact, they are exempt.
(o) Suggestion: This refutes Rav Chisda!
(p) Answer (Rav Chisda): This is after the owner despaired.
(q) (R. Oshiya): If the stolen object is intact, they are liable.
(r) Suggestion: This refutes Rami bar Chama!
(s) Answer (Rami bar Chama): This is before the owner despaired.]