Revach L'Neshama http://revach.net/ RSS feed for - Section: DAF YOMI Copyright 2007, Revach L'Neshama en-US Revach L'Neshama Logo 144 31 http://revach.net/img/small_header.jpg http://revach.net/ info@revach.net Sat, 25 Jun 2016 03:00:00 -0700 240 Bava Kama 26 - SUMMARY Only Keren pays Chatzi Nezek and not Shen or Regel. Keren pays Chatzi Nezek in Reshus ha’Rabim while Shen and Regel are Patur in Reshus ha’Rabim. A Shor that kills a person pays Kofer, but a person who kills doesn’t pay Kofer. A person who injures his friend pays four payments (besides Nezek), while an ox that injures a person only pays Nezek. If an ox gores and kills a person in the Reshus of the Nizak the owner of the ox pays Kofer Shalem whether it is a Ta'am or Mu’ad according to R. Tarfon and the Shor is stoned to death. (1) R. Yosi ha’Glili holds that a Ta'am that kills a person pays Chatzi Kofer. Aish is Patur from paying for concealed objects and Bor is Patur from paying for utensils. An animal that kills a person with the Hezek of Regel in the Reshus ha’Nizak pays Kofer. A person is always a Mu’ad whether he is Shogeg or a Meizid, awake or sleeping If a person blinds his friend or breaks his utensils he pays Nezek Shalem A person who injures his friend b’Shogeg only pays Nezek but not the four payments. A person who causes pain to his friend must pay Tzar even in a situation that he also must pay Nezek. If a person is not aware that a stone is on his lap and when he stands up it flies out and causes damage he pays only Nezek but not the four payments. (2) If the stone flies out on Shabbos he is Patur from bringing a Chatas because it is not a Meleches Machsheves (deliberate act). (3) If the stone flies out and kills someone he is Patur from Galus. (4) If the stone flies out and blinds his servant it is a Machlokes between R. Shimon Ben Gamli'el and the Rabanan if the servant goes free. If a master is a doctor or a dentist and he blinds his servant or knocks out his tooth unintentionally during a procedure the Chachamim hold that the servant goes free, while R. Shimon Ben Gamli'el argues. (5) If a person puts a stone is on his lap and forgot about it and he stands up and it flies out and kills someone he is Chayav Galus. (6) If a person intends to throw a stone two Amos and it travels four Amos and it kills someone he is Chayav Galus. (7) If a person intends to throw a stone four Amos in Reshus ha’Rabim on Shabbos and it travels eight Amos if he announces that I don’t care where it lands he is Chayav a Chatas. (8) Rabah says if someone throws his utensil off a roof and while it is in the air someone comes along and breaks it he is Patur. If someone throws a utensil off a roof and there are cushions underneath it and someone removes the cushions causing the utensil to break he is Patur. (9) If someone throws a child off a roof and a person stabbed the child with a sword before he hit the ground according to the Rabanan he is Patur, while R. Yehudah Ben Beseirah holds he is Chayav.
 
**A BIT MORE**
1. Just as R. Tarfon holds that a Shor Ta'am in the Reshus of the Nizak pays Nezek Shalem so too he holds that a Shor Ta'am that kill a person in the Reshus of the Nizak pays Kofer Shalem. 2. The four payments are not paid since the damage was done b’Shogeg 3.. A person is only Chayav a Chatas for doing a Melachah on Shabbos if he intentionally does a Melachah because he thinks that today is a weekday or that the particular Mealchah that he is doing is permitted on Shabbos, but if the Melachah is not done intentionally he does not bring a Chatas. 4. A person is only Chayav Galus if he was aware at one point that he was holding the device that caused the unintentional death. 5. R. Shimon Ben Gamli'el holds that the servant only goes free if the master deliberately blinds him, or deliberately knocks out his tooth. 6. Regarding all of the other Dimim there is no difference whether he was aware that stone was there and he forgot about it or if he was not aware that it was there in the first place. 7. Regarding all of the other Dimim it is the same as the previous cases 8. Since he doesn’t care where it lands it is a Meleches Machsheves and he is Chayav. However, in the case where he intended to throw it two Amos and it went four Amos even if he doesn’t care where it lands he is Patur because it is only a Melachah if it is thrown at least four Amos in Reshus ha’Rabim 9. Even if the person who threw the utensil off the roof removed the cushions before the utensil landed he is Patur because at the time that he threw the utensil it would not have broken and removing the cushions is Grama.

]]>
Bava Kama 26 - INSIGHTS BAD JUDGE OF DISTANCE If a person intends to throw a stone two Amos in a Reshus ha’Rabim on Shabbos and it travels four Amos he is Patur because it is not a Meleches Machsheves. However, if he thought that the distance of his throw was two Amos and it turned out to be four Amos he is Chayav a Chatas and if he injures someone he is Chayav four paymenst besides Nezek and if he blinds his servant he goes out free even according to R. Shimon Ben Gamli'el. (Me’iri)

]]>
Bava Kama 26 - HALACHA BREAKING A BROKEN KLI If someone throws a utensil off a roof and there are cushions underneath it and if it falls it will not break, if someone removes the cushions he is Chayav, however some opinions hold that it is Grama and he is Patur. If someone throws a utensil off a roof and there are no cushions underneath it and while it is in the air someone breaks the utensil the person who threw the utensil is Chayav and the person who broke it is Patur because it is regarded as broken from the time it was thrown. (Shulchan Aruch CM 386:3, 4)

]]>
Bava Kama 26 - LAMDAN If a person puts a stone on his lap and he forgot about it and the stone flies out on Shabbos he is Patur from a Chatas because it is not a Meleches Machsheves. Why must a person check his pockets before Shabbos? Even if he forgot something in his pocket it is not a Meleches Machsheves! Author’s Comment on Yesterday's Lamdan Tosfos explains that the father and mother give their child five things each and Hashem Yisborach gives ten things.

]]>
Bava Kama 25 - SUMMARY R. Tarfon holds that Keren in Rehsus ha’Nizak pays Nezek Shalem, while the Chachamim hold that it pays Chatzi Nezek. R. Tarfon holds that the Din of Dayo does not apply if the Kal va’Chomer would no lo longer be made. Shichvas Zera is Mitamei with Maga (touching). R. Elazar says that the Shichvas Zera of a Zav is Mitamei with Maga but not with Masa. R. Yehoshuah says that the Shichvas Zera of a Zav is also Mitamei with Masa because it is impossible that there isn’t a little bit of Zivah mixed in. The Zovo of a Zav, his spit, Shichvas Zera, urine and the blood of a Nidah is Mitamei with Maga and with Masa. (1) Small earthenware jugs do not susceptible to Tumaa Zav but they are susceptible to Tumas Meis and Sheretz. (2) A reed mat is susceptible to all types Tumah. (3) A Sheretz the size of a lentil is Mitamei while a Meis is only Mitamei if it is the size of an olive. It is a Machlokes if a Din that is being learned out takes all of the Dinim of what it is learning it out from. All Tumos from a Meis are not Tamei for less than seven days. Shen and Regel are Patur in Reshus ha’Rabim.
 
**A BIT MORE**
1. This Tnaan Keri of a Zav is learned out with a Kal va’Chomer from spit that it is Mitamei with Maga and Masa. 2. Earthenware utensils only become Tamei from the inside and small jugs that are too small for the Zav to put his finger inside can’t become Tamei with Maga and since they do not become Tamei Maga they also do not become Tamei Heset. 3. Even though it is not a utensil it is suitable for Mishkav and it is susceptible to Tumas Midras of a Zav and all other Tumas are learned out from Zav.

]]>
Bava Kama 25 - INSIGHTS KAL VA’CHOMER Small earthenware jugs are not susceptible to Tumah from a Zav because earthenware utensils only becomes Tamei from the inside and small jugs that are too small for the Zav to put his finger inside can’t become Tamei with Maga of a Zav. Tosfos asks even though it is too small for a Zav to put his finger inside, however it is not too small for the Zav to put a hair inside and the hair of a Zav is Mitamei. Tosfos answers that since it is too small for his finger it is not susceptible to Tumah from his hair either become the Tumah of the hair is learned out from the Tumah of the flesh and if it is not Tamei from the flesh it is not Tamei from the hair as well.

]]>
Bava Kama 25 - HALACHA A ZAV The spit of a Zav, Shichvas Zera and urine each one is an Av ha’Tumah Min ha'Torah and even a small amount is Mitamei with Maga and Masa. The urine and Shichvas Zera inevitable contains the Zovo of a Zav. (Rambam Hilchos Mitamei Mishkav u’Moshav 1:14)

]]>
Bava Kama 25 - LAMDAN The Beraisa states that if a father spits in her face she would be ashamed for seven days Kal va’Chomer for the Shechinah fourteen days. Why is it fourteen days for the Shechinah? Author’s Comment on Lamdan Rabbeinu Yeshayah says that the reason is not because the owner must transgress the warning three times because the first time he didn’t transgress the warning; It is simply a Geze’iras ha’Kasuv that he must be warned three tomes for the animal to become a Mu’ad.

]]>
Bava Kama 24 - SUMMARY R. Me'ir says that if an ox gores three times on one day it is a Mu’ad. If a Zav has three emissions on the same day he must bring a Korban. If a Zavah has three emissions on three consecutive days she is a Zavah Gadolah and she is Tameiah for seven days. If a Zavah has three emissions on the same day she is not a Zavah Gadolah. R. Yosi says an ox becomes a Mu’ad if it gores on three different days and it becomes a Ta'am when children play with the ox and they are not gored. R. Shimon says that an ox becomes a Mu’ad if it gores three times even on the same day and it becomes a Ta'am if on three different days it doesn’t gore even when the opportunity arises. An ox only becomes a Mu’ad if the witnesses testify in front of the owner and in front of Bais Din. If three sets of witnesses testify that an ox gored on three different occasions each set of witnesses are separate and if one set is voided the other sets of witnesses remain valid. All three sets of witnesses are considered one set regarded Hazamah and they do not pay k’Asher Zamam of Nezek Shalem unless all of them become Zomemim. (1) Even if all of the witnesses become Zomemim they only pay k’Asher Zamam of Nezek Shalem if they testified on the same day and it is obvious that the latter sets of witnesses were aware of the previous sets. (2) An ox becomes a Mu’ad even if three sets of witnesses on three different days that the ox gored three times. If three sets of witnesses testify that one of a person’s ox gored on three different occasions and they don’t know which it is a valid testimony to make his ox into a Mu’ad. If a person incites a dog on his friend he is Patur and it is a Safek if the owner of the dog is Chayav. If a person incites a dog on himself the owner of the dog is certainly Patur because when a person does something unusual and the animal subsequently damages in an unusual fashion it is Patur. If an animal that is walking normally kicks an animal that is crouching in Reshus ha’Rabim it is Patur, but if the crouching animal kicks the other animal it is Chayav. (3) If an animal gores, pushes, bites, crouches or kicks in the Reshus ha’Rabim and causes damage it pays Chatzi Nezek. If an animal gores, pushes, bites, crouches or kicks in the Reshus ha’Nizak according to R. Tarfon it pays Nezek Shalem and according to the Chachamim it pays Chatzi Nezek. Shen and Regel is Patur in Reshus ha’Rabim and Keren is Chayav Chatzi Nezek in Reshus ha’Rabim.
 
**A BIT MORE**
1. If only one set of witnesses become Zomemim that set of witnesses are voided, but they do not pay k’Asher Zamam unless all of them become Zomemim. 2. Because if the latter sets were not aware of the previous witnesses they could claim that they were not attempting to obligate him to pay Nezek Shalem because they were not aware of the previous witnesses and they thought that the ox will still a Ta'am even after their testimony. 3. The crouching animal is doing an unusual act in Reshus ha’Rabim and therefore if another animal damages it there is no Chiyuv.

]]>
Bava Kama 24 - INSIGHTS KEREN IN RESHUS HA’NIZAK R. Tarfon holds that Keren in Reshus ha’Nizak pays Nezek Shalem as it is learned out with a Kal va’Chomer from Shen and Regel which is Patur in Reshus ha’Rabim and yet it pays Nezek Shalem in Reshus ha’Nizak. The Rashash asks that the payment of Keren is a Knas and the payment of Shen and Regel is Mamon and a Knas may not be learned out from Mamon. The Rashash answers that maybe even though when Keren pays Chatzi Nezek it is a Knas, however when it pays Nezek Shalem it is Mamon nevertheless he says that since an ox is regarded b’Chezkas that it is guarded it’s should not make a difference whether it damages in Reshus ha’Rabim or Reshus ha’Nizak.

]]>
Bava Kama 24 - HALACHA CROUCHING IN RESHUS HA’RABIM If an animal is crouching in Reshus ha’Rabim and another animal comes along and kicks it even though the animal was doing something unusual by crouching the other animal should not have kicked it, but if it injures it while it is walking it is Patur. (Shulchan Aruch CM 389:20)

]]>
Bava Kama 24 - LAMDAN It is a Safek if it is sufficient to make the ox into a Mu’ad, or if it is necessary to warn the owner on three different occasions. For what reason must the owner be warned? Author’s Comment on Yesterday's Lamdan The Petur of a Reshus ha’Mazik is because it is considered an Ones since the Nizak had no right to be there. However, the Petur of an Ones doesn’t apply to an animal and therefore it is put to death even if it is an Ones.

]]>