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Bava Kama Chart #1
| (A) RAV |
(B) SHMUEL(1), ACCORDING TO RAV YEHUDAH |
(C) SHMUEL, ACCORDING TO RAVA |
||
|---|---|---|---|---|
| 1) | SHOR | Keren, Shen, and Regel | Keren | Regel |
| 2) | BOR | Bor | Bor | Bor |
| 3) | MAV'EH | Adam | Shen | Shen |
| 4) | HEV'ER | Esh | Esh | Esh |
| 5) | "K'SHE'HIZIK CHAV HA'MAZIK"(2) | Shor that damaged while in the possession of a Shomer(3) | Regel | Keren(4) |
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FOOTNOTES:
==========
(1) According to Rav Yehudah, the order in which the Mishnah lists the
Nezikin is exactly the order in which they are listed in the Torah (Shemos
21:28-22:5): 1. Shor that damaged with Keren, 2. Bor, 3. Shor that damaged
with Shen (or Regel), 4. Esh, as Rashi says on 2a, DH ha'Shor. This is also
the opinion of the Yerushalmi (cited in Rashba, 2b). The only difference is
that the Yerushalmi seems to explain that Mav'eh is Shen *and* Regel, and
the Girsa of the Yerushalmi's Mishnah is "Mav'er," from the phrase in the
verse, "Ki *Yav'er* Ish... v'Shalach Es Be'iro, u'Vi'er...." This is also
the Girsa of the Rambam in his list of Mitzvos at the beginning of Hilchos
Nizkei Mamon. See Insights to Daf 5:2, for more about this and Rashi's
interpretation of our Mishnah.
(2) This is referring to the phrase that appears in the Mishnah *later*
(9b), as Tosfos (4a, DH k'she'Hizik) and Rashi (9b, DH k'she'Hizik) point
out, and as the Gemara explains on 13b. (This is in contrast to the
understanding of the Nimukei Yosef (on our Mishnah), who says that when the
Gemara here mentions "k'she'Hizik Chav ha'Mazik," it is referring to the
phrase that appears in the Mishnah on 2a; see Rashash.)
(3) That is, the Shor that was being guarded damaged the Shor of the Shomer,
and the Shomer had stipulated that he would only protect the Shor from
*being* damaged by others; he would not protect it from *causing* damage to
others (Gemara 13b, see also 14a and Tosfos there, DH v'Lo Kibel).
(4) The Mishnah does not mention Keren explicitly, because it is listing
only those forms of Nezikin that are "Mu'adin mi'Techilasan" (Gemara).
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