1)

(a)What does the Beraisa quoted by Rav Yosef say about 'Chatzar ha'Shutfim v'ha'Pundak', with regard to Shen v'Regel?

(b)How does Rebbi Elazar, who holds Patur, reconcile his own opinion with this Beraisa?

(c)Rebbi Shimon ben Elazar presents four categories of locations. He renders all damages liable in the domain of the Nizak, and all damages Patur in the domain of the Mazik. What does he say about ...

1. ... a Chatzer ha'Shutfin v'ha'Bik'ah?

2. ... a Chatzer that belongs to neither of them?

(d)Why ...

1. ... according to some, is one Patur on Shen va'Regel even in those domains where he is Chayav Keren?

2. ... according to others, is one nevertheless Chayav?

1)

(a)The Beraisa quoted by Rav Yosef says 'Chatzar ha'Shutfim v'ha'Pundak Chayav bahen Al ha'Shen v'Al ha'Regel'.

(b)Rebbi Elazar, who holds Patur, reconciles his own opinion with this Beraisa by citing another Beraisa which disagrees, and like which he holds.

(c)Rebbi Shimon ben Elazar presents four categories of locations. He renders all damages liable in the domain of the Nizak, and all damages Patur in the domain of the Mazik. He says that ...

1. ... in a Chatzer ha'Shutfin v'ha'Bik'ah Shen v'Regel is Patur, and Keren (with all its Toldos) is Chayav (half damages in the case of a Tam, and complete damages in the case of a Mu'ad).

2. ... in a Chatzer that belongs to neither of them Shen v'Regel is Chayav, and Keren has the same Din as in the previous case.

(d)The reason ...

1. ... according to some, that one is Patur on Shen va'Regel even in those domains where he is Chayav Keren is because Shen va'Regel requires "Sdei Acher" (somebody else's field), which Keren does not.

2. ... according to others, that one is nevertheless Chayav is because, seeing as it is not designated for public use, it is indeed considered 'Sdei Acher'.

2)

(a)According to Rebbi Elazar, the Beraisa of Rav Yosef (which holds partners liable for Shen v'Ayin in a Chatzer ha'Shutfin) and Rebbi Shimon ben Elazar in the second Beraisa (who exempts them), argue. How do we reconcile the two Beraisos?

(b)And how do we prove this from the accompanying case in each respective Beraisa?

(c)Rebbi Zeira asked why they are Chayav for Shen va'Regel, in Rav Yosef's Beraisa, because, seeing as it is designated for the use of each one's fruit, it is not 'Sdei Acher'. What did Abaye reply?

(d)When Rav Acha from Difti asked Ravina whether perhaps we could reconcile Rav Chisda and Rebbi Elazar in the same way as we just reconciled the two Beraisos, he replied that maybe he was right. What was his alternative answer?

2)

(a)According to Rebbi Elazar, the Beraisa of Rav Yosef (which holds partners liable for Shen v'Ayin in a Chatzer ha'Shutfin) and Rebbi Shimon ben Elazar in the second Beraisa (who exempts them), argue. We reconcile the two Beraisos by establishing the first Beraisa in a Chatzer which is designated for the use of fruit, but not for animals (rendering it 'Sdei Acher' when one of them allows his animal to enter it), whereas the second Beraisa speaks when it is designated for animals too.

(b)And we prove this from the accompanying case in each respective Beraisa since 'Pundak' (a guest-house that is confined to the use of people and not animals) in the first Beraisa, whereas 'Bik'ah' (a valley) in the second Beraisa, is a location where animals normally graze.

(c)Rebbi Zeira asked why they are Chayav for Shen va'Regel, in Rav Yosef's Beraisa, because, seeing as it is designated for the use of each one's fruit, it is not 'Sdei Acher'. Abaye replied that seeing as it was not designated for either of their animals, it can be considered 'Sdei Acher'.

(d)When Rav Acha from Difti asked Ravina whether perhaps we could reconcile Rav Chisda and Rebbi Elazar in the same way as we just reconciled the two Beraisos, Ravina replied that, maybe he was right. Alternatively, he said they argued over a Chatzer that was designated for their joint use for fruit but not animals, and Rebbi Elazar (who exempts them) supports the Kashya of Rebbi Zeira, whereas Rav Chisda (who obligates them), follows Abaye's answer.

3)

(a)What do we extrapolate from Rebbi Shimon ben Elazar's words 'Kol she'Hu Reshus l'Nizak v'Lo l'Mazik, Chayav ba'Kol'? Like which earlier Tana does Rebbi Shimon ben Elazar then hold?

(b)What would he have had to write, had he merely been coming to teach us that the Mazik is Chayav for Shen as well as for Keren?

3)

(a)We extrapolate from Rebbi Shimon ben Elazar's words 'Kol she'Hu Reshus l'Nizak v'Lo l'Mazik, Chayav ba'Kol' that everyone (even a Shor Tam) is Chayav to pay full damages when it enters the domain of the Nizak and damages there) like the opinion of Rebbi Tarfon.

(b)Had he merely been coming to teach us that he is Chayav for Shen as well as for Keren then he should have said (not 'Chayav ba'Kol', but) 'Chayav Al ha'Kol'.

4)

(a)In the Seifa, Rebbi Shimon ben Elazar says 'Lo la'Zeh v'Lo la'Zeh, K'gon Chatzer she'Eino shel Sheneihem, Chayav bah Al ha'Shen v'Al ha'Regel'. Why can he not mean that the Chatzer belongs to neither of them?

(b)So he must mean that it belongs to one of them and not to both. Which one?

(c)How will we then reconcile the continuation 'Tam Meshalem Chatzi Nezek, u'Mu'ad Nezek Shalem' with the Reisha, which we just established like Rebbi Tarfon?

(d)Is it acceptable to present the Reisha of a Beraisa like one Tana, and the Seifa, like his disputant?

4)

(a)In the Seifa, when Rebbi Shimon ben Elazar says 'Lo la'Zeh v'Lo la'Zeh, K'gon Chatzer she'Eino shel Sheneihem, Chayav bah Al ha'Shen v'Al ha'Regel', he cannot mean that the Chatzer belongs to neither of them because then, it would not be 'Sdei Acher'.

(b)So he must mean that it belongs to one of them and not to both namely, the Nizak,.

(c)We will then reconcile the continuation 'Tam Meshalem Chatzi Nezek, u'Mu'ad Nezek Shalem' with the Reisha, which we just established like Rebbi Tarfon by establishing the Reisha like Rebbi Tarfon, and the Seifa, like the Rabanan.

(d)It is acceptable to present the Reisha of a Beraisa like one Tana, and the Seifa, like his disputant and that is precisely what Shmuel did, telling his disciple Rav Yehudah to follow suite.

5)

(a)Ravina establishes the entire Beraisa like Rebbi Tarfon. How does he explain 'Lo la'Zeh v'Lo la'Zeh', in order to do this?

(b)What problem do we have with Ravina's interpretation of the Seifa?

(c)How does Rav Nachman bar Yitzchak resolve it?

5)

(a)Ravina establishes the entire Beraisa like Rebbi Tarfon. In order to do this, he explains 'Lo la'Zeh v'Lo la'Zeh' to mean that the Chatzer belongs to one of them (the Nizak) for Peiros (rendering it 'Sdei Acher'), but to both of them for oxen (rendering it a Reshus ha'Rabim, where Rebbi Tarfon agrees that Keren pays Chatzi Nezek.

(b)The problem with Ravina's interpretation of the Seifa is that there are then only three categories of location, and not four as stated by the Beraisa (seeing as the fourth is nothing more than a combination of two of the categories that he mentioned previously.

(c)Rav Nachman bar Yitzchak resolves the problem by establishing three categories, but in four locations.

14b----------------------------------------14b

6)

(a)What does our Mishnah mean when it says ...

1. ... 'Shum Kesef'?

2. ... 'Shaveh Kesef'?

(b)The Beraisa establishes 'Shum Kesef' in a case where a cow first damaged a cloak and then the cloak damaged the cow (see Tosfos). What are the respective Avos involved here?

(c)Where did these two damages occur?

6)

(a)When our Mishnah says ...

1. ... 'Shum Kesef' it means that Beis-Din carefully assess the damage, and not that the Nizak just takes the article which caused the damage as compensation.

2. ... 'Shaveh Kesef' it means that Beis-Din only take up the case on behalf of the Nizak if the Mazik has Karka (as will be explained shortly).

(b)The Beraisa establishes 'Shum Kesef' in a case where a cow first damaged a cloak either because of Regel or because of Keren, and then the cloak damaged the cow because of Bor (see Tosfos).

(c)The cow must have damaged the cloak in the Reshus ha'Nizak (see Tosfos), whilst the cloak damaged the cow in the Reshus ha'Rabim.

7)

(a)How does the Beraisa interpret 'Shaveh Kesef'?

(b)What happens if the Nizak seized Metaltelin?

(c)On what grounds do we reject Rabah bar Ula's interpretation that 'Shaveh Kesef' implies something that ...

1. ... is worth any amount of money, implying Karka, because it is not subject to Ona'ah (overcharging)?

2. ... can be acquired with money, implying Karka?

(d)What are the ramifications of the Halachah that Karka, Avadim and Shtaros are not subject to Ona'ah?

7)

(a)The Beraisa interprets 'Shaveh Kesef' to mean Karka.

(b)If the Nizak seized Metaltelin however Beis-Din will authorize him to claim his debt from them.

(c)We reject Rabah bar Ula's interpretation that 'Shaveh Kesef' implies something that ...

1. ... is worth any amount of money, implying Karka, because it is not subject to Ona'ah (overcharging) on the grounds that it would then also incorporate Avadim and Shtaros, which are not subject to Ona'ah either.

2. ... can be acquired with money, implying Karka on exactly the same grounds, since Avadim and Shtaros can be acquired with money, too.

(d)The ramifications of the Halachah that Karka, Avadim and Shtaros are not subject to Ona'ah are that if one overcharged by a sixth or more, the excess need not be returned.

8)

(a)So how does Rav Ashi finally extrapolate from 'Shaveh Kesef' that the Tana means to preclude Metaltelin?

(b)How does Rav Huna Brei d'Rav Yehoshua reconcile our Mishnah with the Beraisa "Yashiv", 'Lerabos Shaveh Kesef k'Kesef, va'Afilu Subin'?

(c)What is the basis of this Halachah?

(d)If we are talking about Yesomim, how can the Beraisa then say that if the Nizak seized Metaltelin, Beis-Din will allow him to claim his debt from them? How can an illegal seizure become legal?

8)

(a)Rav Ashi finally extrapolates from 'Shaveh Kesef' that the Tana means to preclude Metaltelin by Darshening 'Shaveh Kesef', v'Lo Kesef (and all the above, which can be used for bartering, are considered Kesef).

(b)Rav Huna Brei d'Rav Yehoshua reconciles our Mishnah with the Beraisa "Yashiv", 'Lerabos Shaveh Kesef k'Kesef, va'Afilu Subin' by establishing our Mishnah when the Mazik is no longer alive, and the Nizak is claiming from the Yesomim.

(c)The basis of this Halachah is the principle 'Metalteli d'Yasmi Lo Mishtabdi l'Ba'al-Chov' (because the Yesomim might have bought them after their father's death).

(d)When the Beraisa says that if the Nizak seized Metaltelin, Beis-Din will allow him to claim his debt from them the Tana is speaking when he did so during the lifetime of the father (whose entire estate is actually Meshubad to the Nizak like it is with any debtor).

9)

(a)What do we mean when we initially interpret 'Bifnei Beis-Din' (mentioned in our Mishnah) to mean that Beis-Din will only claim Nezikin from property that is available, and has not been sold?

(b)On what grounds do we reject this interpretation?

(c)So what does 'Bifnei Beis-Din' mean?

9)

(a)When we initially interpret 'Bifnei Beis-Din' (mentioned in our Mishnah) to mean that Beis-Din will only claim Nezikin from property that is available, and has not been sold, we mean that the Nizak cannot claim his debt from the Lekuchos (people who subsequently purchased Karka from the Mazik).

(b)We reject this interpretation however, on the grounds that throughout Shas, we presume that a debtor may claim from the Lekuchos.

(c)So 'Bifnei Beis-Din' means that (at least some of) the claims of the Nizak (i.e. the Dinim of Shor Tam, which are a Kenas, see Tosfos DH 'Prat') can only be handled by a Beis-Din of experts (but not by ordinary people who do not have Semichah).

10)

(a)How do we interpret the Mishnah 'Al-Pi Edim'?

(b)On what grounds do we query this interpretation?

(c)We therefore explain the need to insert 'Al-Pi Edim' by citing the continuation of our Mishnah '(Al-Pi Edim) Bnei Chorin u'Bnei Bris'. What does the Tana mean to preclude when he says ...

1. ... 'Bnei Chorin'?

2. ... 'Bnei Bris'?

(d)Why does the Tana need to mention both? Had he mentioned only ...

1. ... Bnei Chorin, why might we have thought that Nochrim are eligible to testify?

2. ... Bnei Bris, why might we have thought that Avadim are eligible to testify?

10)

(a)We interpret the Mishnah 'Al-Pi Edim' to mean that (again, with regard to Shor Tam) the Nizak is only obligated to pay if it is the Edim who implicate him, but not if he himself first admitted to his ox having damaged.

(b)We query this interpretation however on the grounds that according to some opinions (which will be quoted later), as long as there are witnesses, the Nizak is Chayav, even if they testify only after the Nizak has admitted.

(c)We therefore explain the need to insert 'Al-Pi Edim' by connecting it to the continuation of our Mishnah '(Al-Pi Edim) b'nei Chorin u'b'nei Bris'. When the Tana says ...

1. ... 'b'nei Chorin' he means to preclude Avadim.

2. ... 'b'nei Bris' Nochrim, neither of whom are eligible to testify.

(d)The Tana needs to mention both, because, had he mentioned only ...

1. ... b'nei Chorin, we would have thought that Nochrim are eligible to testify seeing as they have Yichus (as the Pasuk writes in Melachim "Hadrimon ben Tavrimon ... "), which an Eved does not, as the Torah writes in Vayeira, in connection with Eliezer Eved Avraham, "Sh'vu Lachem Poh Im ha'Chamor", from which Chazal Darshen 'Am ha'Domeh la'Chamor').

2. ... b'nei Bris, we would have thought that Avadim are eligible to testify because they are obligated to fulfill all the Mitzvos that a Jewish woman is obligated (which a Nochri is not).

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