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BAVA KAMA 16

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SUMMARY

If a courtyard is reserved for the use of only one partner for produce but is reserved for both partners for oxen it is regarding as a Reshus ha'Nizak for Shen and it is a Reshus ha'Rabim for Keren.
 
Shen is a Mu'ad to eat what is fit for an animal to eat, but if it eats something that it does not normally eat it is Keren and pays only Chatzi Nezek.
 
Keren in Reshus ha'Nizak pays Chatzi Nezek according to the Rabanan and Nezek Shalem according to Rebbi Tarfon.
 
A wolf, lion, bear, leopard, cheetah and a snake are Mu'adim from the beginning. (1)
 
If an animal crouches and breaks large utensils it is an unusual Hezek and pays Chatzi Nezek, but if it breaks small utensils it is a usual Hezek. (2)
 
An animal is a Mu'ad to break things while it is moving and to crush people, animals and utensils. (3)
 
Rebbi Meir says that a male Tzavu'a is also a Mu'ad along with the other Mu'adim mentioned in the Mishnah. (4)
 
If a person does not bow down at Modim his spine will turn into a snake after seven years.
 
Rebbi Elazar holds that if a wolf, lion, bear, leopard, cheetah are tamed they are not a Mu'ad but a snake is always a Mu'ad.
 
A lion in Reshus ha'Rabim that devours an animal without killing it is Shen in Reshus ha'Rabim and is Patur, but if the lion mauls the animal before eating it is unusual and it is Keren which pays Chatzi Nezek.
 
If a lion mauls an animal in order to put away the meat for later it is considered a usual act and if it does so in Reshus ha'Nizak it is Chayav Nezek Shalem.
 
A Tam pays Chatzi Nezek mi'Gufo while a Mu'ad pays Nezek Shalem from Aliyah.
 
Chizkiyah ha'Melech was buried next to David and Shlomo.
 
Rebbi Elazar says that Yirmeyahu was suspected of the Isur Zonah, while Rebbi Shmuel Ban Nachmani holds that he was suspected of the Isur of Eshes Ish.
 
Yirmeyahu prayed to Hashem Yisbarach that even when his enemies give Tzedakah that they shall give it to improper people.
 
A Yeshivah was set up on the grave of Chizkiyah ha'Melech.

A BIT MORE

1. They are Chayav Nezek Shalem if they cause damage even though this is the first time they caused damage.
 
2. Rebbi Elazar holds that when it breaks small utensils it is Regel and pays Nezek Shalem. However, according to the second Lashon of Rebbi Elazar there is no difference between big and small utensils and both pay Chatzi Nezek.
 
3. Even though the Mishnah says that an animal that crouches and breaks things is a Tam if he didn't crouch but he broke things from the side by crushing them against the wall it is a usual Hezek and it is Regel. Alternatively according to the first Lashon of Rebbi Elazar if it crouches and kills small people or animals or breaks small utensils it is usual for the animals to break it while crouching.
 
4. A Bardelus is a female Tzavu'a and Rebbi Meir adds that a male Bardelus is also a Mu'ad.

BRIEF INSIGHT

BOWING FOR MODIM
 
If a person does not bow down for Modim his spine will turn into a snake after seven years. The Maharsha explains that the purpose of bowing down for Modim is to express humility and subservience. At the time of the creation of the world the snake stood upright but this caused him to be conceited and self important and it led to his downfall that his legs were cut off and it crawls on the ground. A person who refuses to prostrate himself and is unwilling to show some humility is acting like the original snake and therefore it is appropriate that he will becomes a snake after seven years.

QUICK HALACHAH

FIVE TA'AMIM AND FIVE MU'ADIM
 
There are five types of Chayos that are Mu'adim from the time that they are created, even if they are tamed, therefore if they injure or kill by way of goring, biting, or trampling, or any other type of Hezek, it pays Nezek Shalem. The Chayos are: a lion, bear, tiger, leopard and a snake. They are regarded as a Mu'ad even if they are tamed. Some say that only a snake is a Mu'ad for all types of Hezek, but the other Chayos are only a Mu'ad for what is usual for that type of animal, such as a lion that devours or for a wolf that mauls. (Shulchan Aruch CM 389:8)

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