Bava Kamma 71 - January 12, 2 Shvat

Study Guide Bava Kamma 71 Today's daf is sponsored by Karen Bloom in honor of the 5th anniversary of Aliza Gavriella's bat mitzvah on Parshat Vaera. "Your family is so proud of you and inspired by your commitment to learning the daf. We love you so very much." The Mishna obligates those who slaughter or sell on Yom Kippur. The Gemara attributes the Mishna to Rabbi Meir who believes that a person liable to lashes must also pay. But if so, how can the following Mishna be explained as the next Mishna exempts one from death and payment? Rabbi Meir must distinguish between lashes and death - in the case of the death penalty and payments there is a law of kim lei b’draba minei, but in lashing and payments it does not apply. But if so, how can we explain braita where Rabbi Meir obligated one to pay if they slaughtered an animal (that they previously stole) on Shabbat? To resolve this, they explain that the braita was established as a case where someone else slaughtered the animal. But if someone else slaughtered, then how can the thief be charged with slaughter and sale, after all, there is no agency when it comes to a transgression?! They explain that in the case of slaughtering a stolen animal, there is an exception to the rule and there is agency for a transgression. The Gemara discusses the other parts of the braita- why the Sages exempt in all three cases (or possibly only two) and why Rabbi Meir obligates in the other two cases (an ox that is stoned and an ox that is slaughtered for foreign work. Rava asks Rav Nachman whether there is a partial payment for theft and slaughter, such as if he slaughtered an ox belonging to two partners and confessed to one of them.