More Discussions for this daf
1. Nichnas b'Rishus 2. Shen and Keren 3. הערות בשור שנגח
4. הכניס שורו לחצר בעל הבית שלא ברשות
DAF DISCUSSIONS - BAVA KAMA 48

Barry Epstein asked:

The gemara on 48b speaks of the ox that saw vegetation and fell into the pit (shein) while trying to eat it. Why does the owner pay kofer the 4th time because it becomes a muad? Isn't it only an act of keren that turns into a muad?

Barry Epstein, Dallas, USA

The Kollel replies:

Rashi is of the opinion that the major factor in discerning whether a Mazik is Keren Tam or Shen is whether it is "Orchei" (normal behavior) or "Meshuneh" (abnormal behavior). Therefore, here -- since it was Meshuneh -- it incurs Chatzi Nezek and when the Shor does it three times it becomes Orchei and reverts to Shen.

Rashba writes that even Shen v'Regel which are Mu'ad from the outset do not pay Kofer unless they kill four times.

D. Zupnik