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KESUVOS 41

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12th CYCLE DEDICATION
KESUVOS 41 (30 Tishrei) - dedicated by Reb Mordechai Rabin (London/Yerushalayim) l'Iluy Nishmas his father, ha'Gaon Rav Gedalya Rabinowitz of Manchester, England (and in his later years, Bnei Brak, Israel). Hearing a Shiur of his was an unforgettable experience as his many Talmidim, both Bnei Yeshiva and Ba'alei Batim, can attest.

SUMMARY

One who admits to seducing the daughter of his friend is obligated to pay Boshes and Pegam, but he is exempt from Knas. (1)
 
Rebbi Shimon bar Yehudah: One who admits to seducing the daughter of his fellow man is exempt from Boshes and Pegam. (2)
 
One who admits to a Geneivah must pay the principal, but he is exempt from paying double. (3)
 
One who admits that his ox gored his friend is obligated to pay, but if he admits that his ox gored a servant he is exempt. (4)
 
Rav Papa: The payment of half-damages for the damages of a Shor Tam is Mamon, not Knas. (5)
 
Rav Huna bar Yehoshua says that the payment of half-damages for the damages of a Shor Tam is Knas, not Mamon. (6)
 
The owner of the damaged ox is responsible for the carcass of the ox from the moment it was damaged.
 
The owner of a Shor Tam pays half-damages only from the body of the Shor that did the damage.
 
The owner of a Shor Mu'ad pays complete damages from the best of his property.
 
The owner of a Shor Mu'ad pays Kofer (payment to the family of the deceased) for a person that was gored to death.
 
Rebbi Yosi ha'Glili: The owner of a Shor Tam pays half of the Kofer.
 
If an animal damages by kicking pebbles, the owner pays half of the damages.
 
A dog that eats a sheep and a cat that eats a large rooster are regarded as out of the ordinary, and the damages are not collected in Bavel. (7)
 
If the person who is owed a Knas seizes the payment, he may keep it even if he lives in Bavel.
 
The damaged party has the right to demand to go to the Beis Din in Eretz Yisrael in order to collect the Knas.
 
A person may not keep a bad dog or an unstable ladder in his house.

A BIT MORE

1. The law is that anyone who admits to a Knas is exempt, but one admits to a financial debt (Mamon) is obligated. Boshes and Pegam are Mamon, and therefore he is obligated as a result of his admission.
 
2. This is because his admission defames his friend.
 
3. The principal is Mamon and the Kefel is Knas.
 
4. The payment for an ordinary person is Mamon, but the payment of thirty Shekalim for a servant is a Knas.
 
5. Rav Papa maintains that a Shor Tam has the potential to cause damage, and thus it is the responsibility of the owner to guard his Shor. Therefore, the half- damages paid is Mamon, and the reason why he is exempt from the other half is that the Torah had mercy on the owner since the Shor was not yet a Mu'ad.
 
6. Rav Huna bar Yehoshua maintains that a Shor Tam does not usually cause damage, and thus the owner is not responsible to guard his Shor. Therefore, the half-damages paid is a Knas; the only reason why the owner is obligated for half of the damages is to encourage the owner to guard his Shor.
 
7. Since it is out of the ordinary, it is included in the Mazik of Keren (Tam) and therefore pays only half of the damages and is regarded as a Knas. A Knas may not be collected in Bavel.

BRIEF INSIGHT

SEIZING A PAYMENT
 
The Gemara says that payments of Knas are not collected in Bavel. However, if the person who is owed the Knas seizes the payment, he may keep it. Rabeinu Tam says that he may keep it only if he seizes the actual animal that caused the damages. If he seizes anything else as payment, he may not keep it. The reason is that if we allow the person to seize anything he wants, he might grab more than the amount that he is owed and we would not be able to do anything about it since we cannot judge cases of Knas. If we do take away from him the extra amount that he was not entitled to take, in effect we would be judging a case of Knas in Bavel. Therefore, the Rabanan allow him to take only the actual animal and nothing else.

QUICK HALACHAH

MODEH B'KNAS
 
A PERSON NEVER PAYS A KNAS AS A RESULT OF HIS OWN ADMISSION, BUT ONLY AS A RESULT OF TESTIMONY OF WITNESSES. THEREFORE, ONE WHO ADMITS TO RAPING OR SEDUCING ANOTHER MAN'S DAUGHTER DOES NOT PAY THE KNAS. HE PAYS ONLY FOR THE EMBARRASSMENT AND DAMAGES. (RAMBAM, HILCHOS NA'ARAH 2:12)

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