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, 23 Jul 2016 03:00:00 -0700 240 Bava Kama 54 - SUMMARY The Rabanan hold that Bor is Patur for utensils and R. Yehudah argues. Only the carcasses of animals or Chyaos are Mitamei with Maga or Masa but not the carcass of birds. Among non-Kosher animals only the Bechor of a donkey has Kedushas Bechorah. Rav holds that a Bor is only Chayav for damage that is caused by its vapor not for damage that is caused solely by impact. (1) A Bor is not Chayav if a person falls in and is killed. (2) If an ox that is deaf-mute, Shoteh, Katan or blind or if the ox is walking at night and it falls into the Bor he is Chayav, but if a healthy ox that is walking during the day falls into the Bor he is Patur. A person who digs a Bor is Chayav for any type of an animal or bird that falls into the Bor. All animals and birds were included in the warning of coming too close to Har Siani at the time of Matan Torah. A Ganaf who steals any type of animal or bird must pay double and a person who finds any type of animal or bird must return it to its owner. If any type of animal is buckling under its load it is a Mitzvah to help the owner unload it and it is prohibited to muzzle any type of animal that is working in the field. All animals are included in the prohibition of Kilayim of plowing or breeding. It is forbidden to allow any type of animal that one owns to engage in Melachah on Shabbos. Kesef Ma’aser Sheni may be used to buy any food that develops from a food and that grows from the ground. (3) It is not Kilayim for a person to plow or to pull a wagon alongside an animal.
 
**A BIT MORE**
1. Even though utensils are not normally broken from vapor, however new utensils can be broken from vapor and therefore it is necessary for the Pasuk to exclude them according to the Rabanan. 2. If a person falls in and is injured he is Chayav. 3. Such as an animal because it is produced from another animal. Water, salt, mushrooms and fungi are excluded and it must grow from the ground or graze from the ground, fish are excluded because it doesn’t grow from the ground and it doesn’t graze from the ground.

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Bava Kama 54 - INSIGHTS SHOR V’LO ADAM A Bor is not Chayav if a person falls in and is killed because the Pasuk states Shor and Chazal learn out Shor v’Lo Adam. Tosofs asks why is it necessary for a special Pasuk to exclude a person from the Chiyuv of Bor, the Pasuk that excludes Shor Pasulei Mekdahsim because its carcass is forbidden b’Hanaah also excludes a person who was killed, as a person who was killed is also forbidden b’Hanaah. Tosfos answers that a special Pasuk is required in order to exclude a non-Jew or a servant who falls into a Bor because they are not forbidden b’Hanaah. The Ketzos ha’Choshen explains that only a servant who did not accept upon himself Mitzvos is permitted b’Hanaah, however if the servant accepted the Mitzrayim he has the status of a Yisra’el and he is forbidden b’Hanaah.

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Bava Kama 54 - HALACHA STUMBLING INTO A BOR A person who digs a Bor or constructs a mound if an animal falls in the Bor he is not Chayav unless the animal is Ketanah or a deaf-mute or a Shoteh or blind or if it fell at night, but if a Shor that is healthy fell in the Bor and it fell during the day he is Patur because it is like an Ones because it is usual for animal to look where it is going and avoid pitfalls. So too, if a person falls in and dies even if he was blind or he fell at night, whether he was a Ben Chorin or a servant he is Patur, but if a person or a health Shor falls in and is injured he is Chayav. (Shulchan Aruch CM 410:19, 20)

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Bava Kama 54 - LAMDAN Rav holds that a Bor is only Chayav for damage that is caused by its vapor not for damage that is caused solely by impact. If the animal broke its bones in the Bor why is the Ba’al ha’ Bor Chayav according to Rav? Author’s Comment on Yesterday's Lamdan Tosfos answers since the Bor completed the damage it is tantamount to causing the entire Hezek and therefore whatever can’t be collected from the owner of the Shor may be collected from the owner of the Bor. .

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Bava Kama 53 - SUMMARY Rav holds that a person who digs a Bor is only Chayav if the Shor falls in face forward because the Chiyuv of a Bor is only for the vapor not for the impact. (1) If the Shor falls in face first and in midair it turns over it is Chayav because the vapor that it breathed in before it turned over is what killed it. Shmuel holds that even if the Bor falls in backwards he is Chayav because he holds the Chiyuv for a Bor is also for the impact. If the Shor slips on the Bor and falls behind the Bor he is Patur even according to Shmuel. If a Shor enters into someone’s Reshus and falls into his Bor and ruins the water he is Chayav whether it fell in face forward or backwards. If a person is digging inside a Bor and a Shor was startled from the noise and fell face forward into the Bor the person who is digging is Patur while the Ba’al ha’Bor is Chayav according to R. Nasan. (2) If a Shor pushes another Shor in a Bor the Rabanan hold that the owner of the Shor is Chayav and the owner of the Bor is Patur. (3) R. Nachman holds that if the Shor is a Mu’ad the owners of the Shor and the Bor each pay half and if the Shor is a Ta'am the owner of the Shor pays ¼ and the owner of the Bor pays ¾. (4) If someone places a stone at the edge of a Bor and a Shor slips on the stone and falls into the Bor according to the Rabanan the person who placed the stone there is Chayav and the Ba’al ha’Bor is Patur. (5) According to R. Nasan the person who placed the stone pays half and the person who dug the Bor pays half. If a Shor Ta'am and a Shor Pasulei ha’Mukdashim together gore a Shor the Shor pays ¼ Nezek according to the Rabanan and ½ Nezek according to R. Nasan. (6) If it is a Mu’ad it pays Chatzi Nezek according to the Rabanan and Nezek Shalem according to R. Nasan If a Shor and a person push a pregnant woman into a Bor they are all Chayav to pay for Nezek, however only the person is Chayav to pay the four payments and if she miscarries only the person is Chayav to pay for the miscarried child. (7) If a Shor and a person push a Jewish person or a servant into a Bor and he is killed only the Shor is Chayav to pay Kofer and thirty Shekalim for the servant. If a Shor and a person push utensils or a Shor Pasulei ha’Mukdashim into a Bor only the person and the Shor are Chayav but the Ba’al ha’Bor is Patur. When a Shor gores an animal and it dies the Nizak is responsible for the carcass and the Mazik is only obligated to pay the difference between the value of the live animal and the carcass. R. Yehudah holds that a Bor is Chayav for utensils.
 
**A BIT MORE**
1. Rav agrees that if the Bor is in his Reshus he is Chayav also for the impact of the Bor. 2. The person who is digging is Patur because it is Grama, while the Ba’al ha’Bor is Chayav according to R. Nacsan who holds that when it is impossible to collect from one Mazuk we collect from the other instead. 3. The Ba’al ha’Bor is Patur even if the Shor is blind because he can say if he wasn’t pushed into the Bor he would not have fallen in. 4. The Ba’al ha’Bor is Chayav even if the Shor is healthy because the Shor was pushed in and therefore he can’t say that the Shor should have looked where it was going. 5. It is not Grama because the stone is regarded as a Bor and therefore the person who placed the stone is Chayav, while the person who dug the Bor is Patur because he can say that it wasn’t for the stein he would not have fallen in. 6. A Shor Pasulei Mukdashim is referring to a Bechor that is a Ba’al Mum and since a Bechor may not be redeemed even though it is eaten by the Kohen it has a Din of a Shor Hekdesh and it is Patur from paying for damages and therefore according to R. Nasan the other Shor pays the difference. However, a Shor Korban that was redeemed has a Din of a regular Shor Hedyot and pays for damages. 7. The owner of the Bor and the Shor are Chayav to pay Hezek but not the four payments of Tzar, Ripuy, Sheves and Boshes and they are also Patur for the payment for the miscarried child.

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Bava Kama 53 - INSIGHTS AN INTENTIONAL SHOVE If a Shor and a person push a Shor into a Bor they are all Chayav to pay. Tosfos says that the person did not intentionally push the Shor into the Bor because if he did it intentionally he would be the only one to be Chayav and the Ba’al ha’Shor and Ba’al ha’Bor would be Patur. Just like if someone throws a Talis in a fire he would be Chayav for the entire Nezek and the Ba’al ha’Aish would be Patur, so too if someone intentionally pushes a Shor into a Bor the Ba’al ha’Bor is Patur. The Ketzos ha’Choshen says that although in case that a person pushes a Shor into a Bor intentionally the Ba’al ha’Bor is Patur, however if the perons and a Shor push an animal into a Bor together since the Shor also damaged intentionally the Ba’al ha’Shor must share in the payment.

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Bava Kama 53 - HALACHA PARTNERS IN HEZEK If a person and a Shor push a Shor into a Bor and the person pushed it unintentionally all three of them are Chayav. If the Shor was a Mu’ad they split the payments equally and if it was a Ta'am the Shor pays 1/6 and the remaining 5/6 is split between the person and the Ba’al ha’Bor. If a woman was pushed in a Bor and she miscarried the person pays everything and the Shor and Bor are Patur. If a person was pushed in they are all Chayav for Nezek and the person who pushed him in is solely responsible for the other four payments and if utensils were pushed in the Bor and they broke the person and the Ba’al ha’Shor are Chayav and the Ba’al ha’Bor is Patur. Some say that if two people cause a Hezek and they are both Bar Chiyuva and one of them ran away or doesn’t have the money to pay the other person must pay for the entire Hezek. Some opinions argue however, and they hold that since they are both equally Chayav why should one pay the payment that the other person is Chayav just because he doesn’t have any money. (Shulchan Aruch CM 410:34-37)

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Bava Kama 53 - LAMDAN If a Shor pushes another Shor into a Bor according to R. Nasan if the Shor is a Ta'am the owner of the Shor pays ¼ and the owner of the Bor pays ¾. Rava says in the second Lashon that each one did only half of the Nezek and even so the owner of the Bor pays ¾ because the Ba’al ha’Shor can say to the owner of the Bor I found my Shor in your Bor and therefore what I can’t collect from the owner of the Shor I will collect from you. Why is that a Sevarah to collect from the owner of the Bor more than what he damaged? Author’s Comment on Yesterday's Lamdan The Pnei Yehoshua answers that if he doesn’t have a partner in the Bor and the Bor was somehow uncovered he is Chayav immediately because he was negligent in digging the Bor and even though it was uncovered b’Ones he is Chayav immediately.

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Bava Kama 52 - SUMMARY When someone sells a house to his friend as soon he gives the key to his friend he may be Koneh it with a Kinyan Chazakah. (1) When someone sells a flock of cattle to his friend when he gives the Mashchuchis to his friend he may be Koneh it with a Kinyan Meshichah. (2) Some say the Mashchuchis a bell and others say it is the goat that walks in front of the flock. (3) If the Bor was covered properly and it rotted away and an ox or donkey fell in and dies he is Patur. If he didn’t cover it properly and an ox or donkey fell in and dies he is Chayav. If an ox or donkey fell in together with the equipment he is Chayav for the animals and Patur for the equipment. If one partner of a Bor covered a Bor and the second partner found that the Bor was uncovered and failed to cover it the second partner is Chayav. Rav says that once the first partner sees that it is not covered he also is Chayav, Shmuel says that once he finds out that it is uncovered he is Chayav even though he did not see it. R. Yochanan says that the first partner is not Chayav until he finds out that it is uncovered and has time to hire worker to make a cover for the Bor. (4) If a person covers his Bor with a cover that is strong enough for oxen but not for camels and a camel stepped on the cover and loosened it and an ox fell in if camels are frequent in the area of the Bor he is Chayav. (5) If camels are not frequent in the area of the Bor he is Patur; if camels are frequent at times in that area it is a Safek if he is Chayav. (6) If a person covers his Bor with a cover that is strong enough for oxen, but not for camels, if camels are frequent in the area of the Bor and the cover rotted away he is Patur. If an ox that is deaf-mute, Shoteh, Katan blind or the ox is walking at night and it falls into the Bor he is Chayav, but if a healthy ox that is walking during the day falls in to the Bor he is Patur.
 
**A BIT MORE**
1. Handing over the key is the same as saying Lech Chazak u’Keni. 2. Handing over the Mashchuchis is the same as saying Lech Meshach u’Keni. 3. It was the practice of the shepherd to have a goat walk in front of the flock. 4. However, the second partner is Chayav immediately if he finds it uncovered because he should have hired a guard to watch it until he has a chance to make a cover. 5. Because he should have anticipated that camels would step on the cover and loosen it. 6. According to the second Lashon of the Gemara even if the camels are only frequent at times in that area he is considered negligent and he is Chayav.

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Bava Kama 52 - INSIGHTS A FLIMSY COVER If an ox that is deaf-mute, Shoteh, Katan blind or an ox is walking at night and it falls into the Bor he is Chayav, but if a healthy ox that is walking during the day falls into the Bor he is Patur. The Pnei Yehoshua says that which a person who digs a Bor is Patur if a healthy Shor falls into the Bor is only if the Bor was completely uncovered. Since the Bor is completely uncovered a normal Shor will not fall in and if it falls in he is not responsible. However, if the Bor is covered with a flimsy cover that will not hold up an animal he is Chayav if a Shor falls in. A Shor does not have the ability to discern that the cover will not hold him up and therefore even a normal Shor may fall in.

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Bava Kama 52 - HALACHA A LOT OF CAMELS If a person covers his Bor with a cover that is strong enough for oxen but not for camels and a camel stepped on the cover and loosened it if camels are not frequent in the area of the Bor he is Patur because it is regarded as an Ones. However, if a camel fell in even if it is a healthy camel he is Chayav. If camels are frequent in the area of the Bor even if they are only frequent at times he is Chayav. If the cover rotted and an ox fell in even if camels are frequent in the area of the Bor even though he is at fault regarding camels since the ox fell in because it rotted he is Patur. According to some opinions he is only Patur if the cover was situated in such a way that if a camel would have stepped on it the cover would have come off completely and a healthy Shor would not have fallen in because it would have seen that it was uncovered. (Shulchan Aruch CM 410:23, 24)

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Bava Kama 52 - LAMDAN If one partner of a Bor covered a Bor and the second partner found that the Bor was uncovered and failed to cover it the second partner is Chayav. Rav says that once the first partner sees that it is not covered he also is Chayav, Shmuel says that once he finds out that it is uncovered he is Chayav even though he did not see it. If the Bor is owned by only one person and he covered the Bor and it somehow became uncovered do we also give him time until he is Chayav or only in this case is he given time since we can be Mechayev instead the second partner? Author’s Comment on Yesterday's Lamdan The Re'ah answers that in this Lashon of the Gemara the animal did not fall in on the side that he widened the Bor and therefore the animal would have fallen in even if he had not widened the Bor and even so if the animal did not die from the vapor the second person is Chayav because he made it more likely that the animal would fall in from the other side.

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