PAST DEDICATION
BAVA KAMA 59 (1 Adar) - dedicated in memory of Mordecai (Marcus) ben Elimelech Shmuel Kornfeld, who perished in the Holocaust along with most of his family. His Yahrzeit is observed on 1 Adar. May his death and the deaths of the other Kedoshim of the Holocaust atone for the sins of Klal Yisrael like Korbanos.

1)

PAYING THE FUTURE PRICE

(a)

(Abaye): R. Yosi ha'Glili and R. Yishmael hold similarly.

1.

He refers to R. Yosi ha'Glili in the above Beraisa, and R. Yishmael in the coming Beraisa.

2.

(Beraisa - R. Yishmael): "From the best of his field and vineyard he will pay" - from land equal to the best land of the victim;

3.

R. Akiva says, the verse teaches that damages are collected from Idis, and Kal va'Chomer to Hekdesh.

(b)

(Abaye): Do not learn like Rav Idi bar Avin.

1.

(Rav Idi bar Avin): If a patch of a field was consumed, and we are unsure which one, he pays like the best patch we see there.

(c)

Question: Why shouldn't we learn like him?

(d)

Answer: The one who wants to collect must bring proof.

(e)

(Abaye): Rather, he pays like the best (future) price.

1.

Question: What is that?

2.

Answer: It is the price at harvest time.

(f)

(Beraisa - R. Shimon ben Yehudah): This is only when it ate immature grapes or figs that were just budding.

(g)

Inference: If it ate Semadar (right after budding), we view them as if they were ready to be harvested.

(h)

Question (Seifa): If it ate Pagim or Boser (proper fruit that is not fully grown), we view them as if they were ready to be harvested;

1.

Inference: If it ate Semadar, we calculate the decline in (current value)!

(i)

Answer (Ravina): We read the Beraisa as follows: R. Shimon ben Yehudah says, this is only when it ate grapes or figs that were just budding; but if it ate Semadar, Pagim or Boser, we view them as if they were ready to be harvested.

(j)

Question: That is R. Yehoshua's opinion!

(k)

Answer: They argue about whether or not we deduct for weakening of the vines that would have occurred had the grapes finished growing. We cannot tell who holds which way.

(l)

(Abaye): We can tell! R. Shimon ben Yehudah is concerned for weakening of the vines;

1.

(Beraisa - R. Shimon ben Yehudah): If Reuven raped a virgin, he does not pay for pain (of breaking the Besulim), for she would have experienced the same pain in her first Bi'ah when she gets married.

2.

Chachamim: The pain when one is forced is much greater than the pain of one who is willing.

(m)

(Abaye): R. Shimon ben Yehudah (above) and the following Tana'im hold similarly.

1.

(Beraisa - R. Yosi): We deduct the cost of a midwife (when evaluating the payment for a fetus);

2.

Ben Azai says, we deduct the additional food that she would have eaten in the days of Kishuy (when she is in pain, before the birth).

i.

R. Yosi holds that all the more so we deduct the additional food;

ii.

Ben Azai holds that we do not deduct the cost of a midwife. Her husband can say that his wife does not need one.

2)

EVALUATING THE DAMAGE AMONG 60 TIMES THE DAMAGED AREA

(a)

Version #1: Rav Papa and Rav Huna brei d'Rav Yehoshua ruled like Rav Nachman (who estimates the damage amidst 60 times as much).

(b)

Version #2: Rav Papa and Rav Huna brei d'Rav Yehoshua estimated the damage to a date tree among a small area of land.

(c)

The Halachah follows them regarding date trees of Aram. The Halachah follows the Reish Galusa (we estimate the damage by itself) regarding Persian date trees (which are more (Rashi; Aruch - less) prestigious).

59b----------------------------------------59b

(d)

Eliezer Ze'iri was wearing black shoes (like a mourner) in the Neharda'a market. Men of the Reish Galusa's house asked him about this.

1.

Eliezer: I am mourning over Yerushalayim!

2.

The men: You consider yourself important enough to mourn over Yerushalayim? This is haughtiness!

3.

They seized him; he said that he is a great Chacham, they may ask him, or he will ask them. They chose the latter.

4.

Eliezer: If a man cut dates that were not fully grown, how much does he pay?

5.

The men: Their value.

6.

Eliezer: But they would have become full dates!

7.

The men: He pays for full dates.

8.

Eliezer: But he did not eat full dates!

9.

The men: What do you say he pays?

10.

Eliezer: We evaluate among 60 times as much.

11.

The men: Who holds like you?

12.

Eliezer: Shmuel does. You can send this question to him!

i.

Shmuel said like Eliezer. They released him.

3)

FINISHED FRUIT

(a)

(Mishnah): R. Shimon says, if it ate finished fruits (it pays the full value).

(b)

Question: Why is this so? "It will consume in a different field" teaches that we evaluate like part of a field!

(c)

Answer: That is only when it eats something that needs (to keep growing in) a field.

(d)

(Rav Huna bar Chiya): Rav ruled in a case like R. Meir (as follows). He taught that the Halachah follows R. Shimon (in our Mishnah).

1.

(Beraisa R. Meir): If Reuven wrote a document selling to Shimon the field designated to pay his wife's Kesuvah, and she did not sign, and he wrote a document selling it to Levi and she signed, she forfeits her Kesuvah;

2.

R. Yehudah says, she can say, I signed only to please my husband. I did not forfeit anything!

4)

PERMISSION TO PILE UP FRUIT

(a)

(Mishnah): If Reuven piled up his Peros in Shimon's field without permission, and Shimon's animal ate them, Shimon is exempt;

1.

If the animal was damaged, Reuven is liable.

2.

If Reuven had permission, Shimon is liable.

(b)

(Gemara) Suggestion: The Mishnah is unlike Rebbi, who holds that the owner of the premises is exempt, unless he accepted to guard.

(c)

Rejection (Rav Papa): It is even like Rebbi. The case is, Reuven got permission from the guard hired to watch all the granaries in the valley. (Rashi agrees that Stam, he accepts to guard.)

5)

SENDING A FIRE

(a)

(Mishnah): If Reuven sent a fire with a Cheresh, lunatic or child, he is exempt b'Yedei Adam, but liable b'Yedei Shamayim.

1.

If he sent a fire with a healthy adult, the adult is liable.

(b)

If Shimon brought the flame, and Levi brought the wood, Levi is liable;

(c)

If Shimon brought the wood, and Levi brought the flame, Levi is liable;

1.

If Yehudah came and blew the flame, he is liable;

2.

If the wind fanned the flame, all are exempt.

(d)

(Gemara - Reish Lakish): Reuven is exempt (b'Yedei Adam) only when he sent a coal with a Cheresh, lunatic or child, and the messenger fanned it. If he sent a flame, Beis Din makes him pay.

1.

Question: Why is he liable if he sent a flame?

2.

Answer: This will surely cause damage.

(e)

(R. Yochanan): Even if he sent a flame, he is exempt.

1.

Question: What is the reason?

2.

Answer: The way the messenger held the flame caused the damage.

(f)

Reuven is liable only if he sent thorns, thin wood, and a lamp. Then, he surely caused the damage!

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