Commentary for Bava Kamma 216:16

האומר לבנו קונם אי אתה נהנה משלי אם מת ירשנו

WHEREAS IF HE CONFESSES ON HIS OWN ACCORD HE HAS TO REPAY THE PRINCIPAL TOGETHER WITH A FIFTH AND BRING A TRESPASS OFFERING.<span class="x" onmousemove="('comment',' In accordance with Lev. V, 21-25. ');">²⁴</span> IF A MAN ROBBED HIS FATHER AND, [WHEN CHARGED BY HIM,] DENIED IT ON OATH, AND [THE FATHER AFTERWARDS] DIED,<span class="x" onmousemove="('comment',' When the son confessed the theft. ');">²⁶</span> HE WOULD HAVE TO REPAY THE PRINCIPAL AND A FIFTH [AND A TRESPASS OFFERING]<span class="x" onmousemove="('comment',' The phrase in parenthesis occurs in the Mishnaic text but not in Rashi. [And rightly so, for what have the children etc. to do with the trespass offering.] ');">²⁷</span> TO HIS [FATHER'S] CHILDREN<span class="x" onmousemove="('comment',' I.e., to his own brothers, for if he would retain anything for himself he would not obtain atonement, since he did not make full restoration (Rashi). [Tosaf.: to his own children, or to his own brothers in the absence of any children to him, v. B.B. 159a.] ');">²⁸</span> OR TO HIS [FATHER'S] BROTHERS;<span class="x" onmousemove="('comment',' I.e., his uncles, in the absence of any other children to his father. ');">²⁹</span> BUT IF HE IS UNWILLING TO DO SO,<span class="x" onmousemove="('comment',' I.e., to forfeit his own share in the payment which he has to make. ');">³⁰</span> OR HE HAS NOTHING WITH HIM,<span class="x" onmousemove="('comment',' To be in a position to do so. ');">³¹</span> HE SHOULD BORROW [THE AMOUNT FROM OTHERS AND PERFORM THE DUTY OF RESTORATION TO ANY OF THE SPECIFIED RELATIVES] AND THE CREDITORS CAN SUBSEQUENTLY COME AND [DEMAND TO] BE PAID<span class="x" onmousemove="('comment',' From the amount restored. ');">³²</span> [THE PORTION WHICH WOULD BY LAW HAVE BELONGED TO THE ROBBER AS HEIR]. IF A MAN SAID TO HIS SON: 'KONAM BE<span class="x" onmousemove="('comment',' I.e., Let it be forbidden as sacrifice; v. Ned. I, 2. ');">³³</span> WHATEVER BENEFIT YOU HAVE OF MINE,'<span class="x" onmousemove="('comment',' [J.: 'that you do not benefit out of anything belonging to me.'] ');">³⁴</span> AND SUBSEQUENTLY DIED, THE SON WILL INHERIT HIM.<span class="x" onmousemove="('comment',' For through the death of the father his possessions passed out of his ownership and the son is no more benefiting out of anything belonging to him; cf. Ned. V, 3. ');">³⁵</span>

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