Bava Kamma 108 - February 18, 9 Adar 1

Today's daf is sponsored by Yaffa Wenner in loving memory of her mom, Lea Steinlauf. "My mother enjoyed the pursuit of knowledge. She loved the challenge it presented. I think my learning Daf Yomi would make her smile and chuckle. How far we've come as women, in our journey."  Today’s daf is sponsored by Sylvia Klein in loving memory of her father, Sherman Israel Klein, Shnayor ben Yerachmiel v’Sara. “He loved learning, the Jewish people, Israel, and his family. Everything was “interesting” to him. We continue to learn from his example.”  Two questions are asked (one is answered, one is not) regarding the mechanism by which one may be obligated only in the double payment, canceling the one-fifth payment. Is it possible there could be situations where one could be obligated both? Can one person be obligated to pay the one-fifth payment twice on the same item? If a shomer chinam opts not to take an oath that the item was stolen and pays for it, the shomer gains the rights to the double payment if the robber is caught. However, there is a disagreement between Rava and Abaye regarding a case where the shomer first took an oath and then paid. What is the reason for each opinion and how does each prove his opinion from a Mishna in Bava Metzia 33b? If the shomer takes an oath, is the shomer still considered relevant to the case, and if the thief were to confess to the shomer, but deny the theft to the owner, and witnesses came, would the thief be exempt from the double payment on account of the confession to the shomer? On what does it depend? Other questions are raised about who is responsible for finding the thief if the shomer paid the owner for the value of the stolen item.