PAST DEDICATION
BAVA KAMA 17 (18 Teves) - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the ninth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

(a)According to Rebbi Yehudah, "the great Kavod" (that Yisrael did to Chizkiyahu ha'Melech after his death) referred to by the Pasuk in Divrei ha'Yamim, consisted of thirty-six thousand men Chalutzei Katef walked in front of his stretcher at his burial. What does 'Chalutzei Katef' mean?

(b)On what grounds does Rebbi Nechemyah object to this explanation?

(c)So how does Rebbi Nechemyah explain ...

1. ... the Pasuk?

2. ... in one of two ways, the fact that, in the days of the Tana'im, they would also carry a Sefer-Torah before a great man who had died?

1)

(a)According to Rebbi Yehudah, 'the great Kavod' (that Yisrael did to Chizkiyahu ha'Melech after his death) referred to by the Pasuk in Divrei ha'Yamim, consisted of thirty-six thousand men Chalutzei Katef walked in front of his stretcher at his burial. 'Cha'lutzei Katef' means that their clothes were torn to the extent that their shoulders were bared.

(b)Rebbi Nechemyah objects to this explanation, on the grounds that they did the same for the Achav (who was a Rasha) when he died.

(c)So Rebbi Nechemyah explains ...

1. ... the Pasuk to mean that they placed a Sefer-Torah on his stretcher and said 'This man kept all that is written in here!'

2. ... the fact that, in the days of the Tana'im, they would also carry a Sefer-Torah before a great man who had died by limiting the latter, either to merely carrying the Sefer-Torah, but without even placing the Sefer on the stretcher in the first place, or perhaps they did, but then they did not make the declaration that they made with Chizkiyahu ha'Melech.

2)

(a)Rabah bar bar Chanah described how he was once accompanying his Rebbi, Rebbi Yochanan to pick his brains on certain matters that required clarification. When, after the latter emerged from the bathroom, he asked him about Rebbi Nechemyah's explanation, what three things did he make a point of doing before answering?

(b)In light of Rebbi Nechemyah's explanation, how did Rebbi Yochanan resolve the Pasuk (placing Chizkiyahu a cut above everybody else, and the current Minhag to [seemingly] do the same for Talmidei-Chachamim of that generation)?

(c)How do we resolve this with the Sugya in Kidushin, which taught that the greatness of Torah-study lies in the fact that it brings to fulfillment of the Mitzvos (placing the latter on a higher plain than the former?

(d)What is then the order of precedence regarding the three Mitzvos under discussion?

2)

(a)Rabah bar bar Chanah described how he was once accompanying his Rebbi, Rebbi Yochanan to pick his brains on certain matters that required clarification. When, after the latter emerged from the bathroom, he asked him about Rebbi Nechemya's explanation he made a point of washing his hands, putting on his Tefilin and reciting a Berachah (Birchas ha'Torah) before answering.

(b)According to Rebbi Yochanan they would even declare 'This man kept all that is written in here!', but with Chizkiyah they went one step further, in that they declared 'This man taught all that is written in here!'

(c)We resolve this with the Sugya in Kidushin, which taught that the greatness of Torah-study lies in the fact that it brings to fulfillment of the Mitzvos (placing the latter on a higher plain than the former) by differentiating between Torah-study, which is not on the same plain as keeping it, and teaching it, which is on a higher plain.

(d)The order of precedence regarding the three Mitzvos under discussion is teaching Torah, fulfilling the Mitzvos and studying it (see also Tosfos 've'Ha'amar Mar').

3)

(a)Rebbi Yochanan in the name of Rebbi Shimon bar Yochai explains the Pasuk in Yeshayah "Ashreichem Zor'ei Al Kol Mayim, Meshalchei Regel ha'Shor v'ha'Chamor", Which two ...

1. ... Mitzvos are hinted in "Zor'ei" and "Mayim" respectively?

2. ... tribes are hinted in "ha'Shor v'ha'Chamor"?

(b)'The inheritance of Yosef' in this context, refers to the 'bed' of Yosef, the largest of all the tribes (a promise of many offspring or of importance - see Agados Maharsha). What does Rebbi Yochanan mean by 'the inheritance of Yisachar'?

(c)According to the second explanation, 'the inheritance of Yosef' refers to the enemies falling before his descendants like skittles. What does 'the inheritance of Yisachar' then refer to?

3)

(a)Rebbi Yochanan in the name of Rebbi Shimon bar Yochai explains the Pasuk in Yeshayah "Ashreichem Zor'ei Al Kol Mayim, Meshalchei Regel ha'Shor v'ha'Chamor". The two ...

1. ... Mitzvos hinted in "Zor'ei" and "Mayim" respectively are Tzedakah and Torah-study.

2. ... tribes are hinted in "ha'Shor v'ha'Chamor" are Yosef and Yisachar respectively.

(b)'The inheritance of Yosef' in this context, refers to the 'bed' of Yosef, the largest of all the tribes (a promise of many offspring or of importance see Agados Maharsha), by 'the inheritance of Yisachar', Rebbi Yochanan means rich in property.

(c)According to the second explanation, 'the inheritance of Yosef' refers to the enemies falling before his descendants like skittles; 'the inheritance of Yisachar' to the Binah (the deep understanding of Torah) of Yisachar.

HADRAN ALACH 'ARBA'AH AVOS'

PEREK KEITZAD HA'REGEL

4)

(a)We have already discussed the difference between Regel and Tzeroros. What does the Mishnah say about a case where one's animal treads on a vessel and breaks it, and the broken vessel then shoots up and breaks another vessel?

(b)What does the Tana also say with regard to ...

1. ... an object (or a bucket) that is tied on a rope, that is tied in turn, to the foot of one's chicken that swings with the movement of the chicken and breaks someone else's vessels?

2. ... one's chicken that whilst hopping on one foot, kicks up a stone, which breaks somebody's vessel?

4)

(a)We have already learned the difference between Regel and Tzeroros. If one's animal treads on a vessel and breaks it, and the broken vessel then shoots up and breaks another vessel the Mishnah rules that one pays full damages for the first vessel, and half for the second.

(b)The Tana also rules that if ...

1. ... an object or a bucket that is tied on a rope to the foot of one's chicken swings with the movement of the chicken and breaks someone else's vessels he pays half damages.

2. ... one's chicken, whilst hopping on one foot, kicks up a stone, which breaks a vessel belonging to someone else he pays half damages.

17b----------------------------------------17b

5)

(a)What did Rava answer Ravina, when he asked him why our Mishnah finds it necessary to repeat the rudiments of Regel with regard to Beheimah, after having taught them with regard to Regel itself?

(b)What did Rava reply when Ravina asked him the same Kashya with regard to the Tana's repetition of 'Beheimah', after having taught 'Shen'?

(c)Why could he not give the same answer there?

(d)So Rav Ashi answered the latter Kashya with 'Tana Shen di'Beheimah v'Tana Shen d'Chayah'. Why might we otherwise have thought that Shen d'Chayah is not included in Shen di'Beheimah? ( Which principle is the Tana then coming to teach us?

5)

(a)When Ravina asked Rava why our Mishnah finds it necessary to repeat the rudiments of Regel with regard to Beheimah, after having taught them with regard to Regel itself, he replied that the former is in connection with the Av, the latter, for the Toldah.

(b)When Ravina asked him the same Kashya with regard to the Tana's repetition of 'Beheimah' after having taught 'Shen', he replied jokingly, 'I answered one, you answer the other!'.

(c)He could not give the same answer there because the word 'Beheimah' does not describe the Toldos of Shen (like it does those of Regel).

(d)So Rav Ashi answered the latter Kashya with 'Tana Shen di'Beheimah v'Tana Shen d'Chayah'. We might otherwise have thought that Shen d'Chayah is not included in Shen di'Beheimah because the word "Be'iroh" (which the Torah uses for Shen) refers to Beheimah and not to Chayah. And the Tana is coming to teach us the principle 'Chayah bi'Chelal Beheimah' (Beheimah generally incorporates Chayah too, though the actual source for this is the Pasuk in Re'eh "Zos ha'Beheimah Asher Tochelu" which then goes on to speak about Chayos as well).

6)

(a)Why does the Tana place Shen d'Chayah (which is not written explicitly in the Pasuk) before Shen di'Beheimah (which is)?

(b)In the Reisha however, he nevertheless puts Shen before Beheimah (despite the fact that it is written explicitly), because one cannot really put the Toldah before the Av. What is the alternative explanation for this?

6)

(a)The Tana places Shen d'Chayah before Shen di'Beheimah precisely because it is not written specifically, since the Tana holds precious anything that is learned from a Derashah.

(b)In the Reisha however, he puts Shen before Beheimah (despite the fact that it is written explicitly), because one cannot really put the Toldah before the Av. Alternatively it is because the Tana takes its cue from the Mishnah at the end of the previous Perek, which mentioned 'Regel' (and not Beheimah).

7)

(a)The Tana Kama of the Beraisa, discussing Regel and its Toldos, is followed by Sumchus, who adds 'Tzeroros v'Chazir she'Hayah Nover b'Ashpah v'Hizik, Meshalem Nezek Shalem'. How do we amend the wording of Sumchus' statement to explain why this latter statement is not obvious?

(b)How can the Tana quote Sumchus, who talks about Tzeroros, when the Tana Kama made no mention of them?

(c)What does the Tana Kama say in a case where chickens cause damage with ...

1. ... their wings, dirty fruit or peck it with their beaks?

2. ... the wind of their flapping wings? How much will the owner be obligated to pay?

3. ... dust or pebbles that they kick up whilst dancing on a dough (and spoil the dough)?

(d)What does Sumchus say in all of these cases?

7)

(a)The Tana Kama of the Beraisa, discussing Regel and its Toldos, is followed by Sumchus, who adds 'Tzeroros v'Chazir she'Hayah Nover b'Ashpah v'Hizik, Meshalem Nezek Shalem'. The statement as it stands is obvious is obvious, only we amend it to read 'Hitiz v'Hizik' (which means that in the course of the excavations, the Chazir pushed at something with force, and that something shot up and damaged.

(b)In order to justify the Tana quoting Sumchus, who talks about Tzeroros, when the Tana Kama made no mention of them we also amend the Tana Kama's statement, and to add 'Tzeroros Ki Urchayhu Chatzi Nezek; v'Chazir she'Hayah Nover b'Ashpah ... Meshalem Chatzi Nezek'.

(c)In a case where chickens cause damage with ...

1. ... their wings, dirty fruit or peck it with their beaks the owner is obligated to pay full damage.

2. ... the wind of their flapping wings according to the Tana Kama, the owner must pay half damage. And the same applies to ...

3. ... dust or pebbles that they kick up whilst hopping on a dough (and spoil it).

(d)In all of these cases Sumchus obligates the owner to pay full damages.

8)

(a)What do we comment on another Beraisa which rules that a bird that damages with the air of its wings as it flies from one place to another is Chayav half damages?

(b)What problem do we have with the Rabanan, regarding 'Kocho k'Gufo'?

(c)How do we resolve the problem? If 'Kocho is k'Gufo', why does one only pay half damages for Tzeroros?

(d)What does Sumchus say with regard to ...

1. ... Kocho? Is it 'ke'Gufo' or not?

2. ... the Halachah l'Moshe mi'Sinai of Tzeroros?

8)

(a)We comment that another Beraisa which rules that a bird that damages with the air of its wings as it flies from one place to another is Chayav half damages is a Stam Beraisa like the Rabanan.

(b)The problem with the Rabanan, regarding 'Kocho k'Gufo' is that 'mi'Mah Nafshach', if they hold 'Kocho k'Gufo' then Tzeroros ought to pay in full; whereas if they don't, then it ought to be Patur from paying altogether.

(c)We conclude that the Rabanan hold 'Kocho k'Gufo', yet Tzeroros pays only half damages, because such is the 'Halachah l'Moshe mi'Sinai'.

(d)Sumchus ...

1. ... certainly holds 'Kocho k'Gufo'.

2. ... does not hold of the 'Halachah l'Moshe mi'Sinai' of Tzeroros.

9)

(a)What happens to someone who is touched by ...

1. ... a Zav?

2. ... an object that was thrown by a Zav?

(b)Rava says that whatever is Tamei by a Zav, the equivalent by Nezikin, pays full damages. What does he say about whatever is Tahor by a Zav?

(c)Which Halachah does his latter statement refer to?

(d)We query this in that we do not need Rava to teach us Tzeroros. What do we answer? Which Halachah is he coming to teach us?

(e)How do we know that the Halachah is like Rava?

9)

(a)Someone who is touched by ...

1. ... a Zav becomes Tamei.

2. ... an object that was thrown by a Zav remains Tahor.

(b)Rava says that whatever is Tamei by a Zav, the equivalent by Nezikin, pays full damages. And whatever is Tahor by a Zav, he continues the equivalent in Nezikin pays half damages.

(c)His latter statement refers to Tzeroros.

(d)But we do not need Rava to teach us Tzeroros. In fact, he is coming to teach us that if a horse-drawn wagon rolls over something and damages it, he is Chayav to pay full damages (and that it is not considered Tzeroros).

(e)We know that the Halachah is like Rava because his opinion has the backing of a Beraisa.

10)

(a)What does the Beraisa rule in a case where chickens are pecking at the rope of a bucket, the rope snaps and the bucket drops and breaks?

(b)Rava asks what the Din will be if an animal treads on a vessel which then rolls away and broke. What are the two sides of the She'eilah? Why might the owner be Chayav to pay ...

1. ... full damages?

2. ... half damage?

(c)On what grounds did Rabah (Rava's Rebbi) exempt someone from paying when he smashes a vessel that someone else dropped from a roof and that is hurtling to its doom?

(d)Why does Rava not then resolve his She'eilah from there?

10)

(a)In a case where chickens are pecking at the rope of a bucket, the rope snaps and the bucket drops and breaks, the Beraisa rules that the owner is obligated to pay full damage (we will see why shortly).

(b)Rava asks what the Din will be if an animal treads on a vessel which then rolls away and breaks whether the owner must pay ...

1. ... full damages because we go after the location where the stroke was dealt ('Basar Me'ikara Azlinan') .

2. ... half damage because we go after the location where the actual damage occurred ('Basar Tavar Mana Azlinan').

(c)Rabah (Rava's Rebbi) exempted someone from paying when he smashes a vessel that someone else dropped from a roof and that is hurtling to its doom because we go after the location where the stroke was dealt, and consider the article as if it was already destroyed.

(d)Rava does not resolve his She'eilah from there because what Rabah considered obvious is a She'eilah to Rava.

11)

(a)The Tana Kama of a Beraisa says 'Hidus Eino Mu'ad'. What does this mean?

(b)What do 'Yesh Omrim' say?

(c)Why is it necessary to amend the words of the Tana Kama (to read 'Hidus v'Hitiz')? Why can we not understand them as they stand?

(d)If they are not arguing over Rava's She'eilah (whether we go after where the vessel finally breaks [the Tana Kama], or after where the animal struck it [Yesh Omrim]), then what are they arguing about?

11)

(a)The Tana Kama of a Beraisa says 'Hidus Eino Mu'ad' meaning that if a chicken hops about on a vessel and breaks it, it is not considered Mu'ad, and only needs to pay half damages.

(b)'Yesh Omrim' (Rebbi Nasan) says that it is considered Mu'ad.

(c)It is necessary to amend the words of the Tana Kama (to read 'Hidus v'Hitiz'). We cannot understand them as they stand because there is no reason for 'Hidus' not to be a Mu'ad, as it is perfectly natural for a chicken to hop about on any available surface.

(d)They are not arguing over Rava's She'eilah (whether we go after where the vessel finally breaks [the Tana Kama], or after where the animal struck it [Yesh Omrim]), but rather over whether Tzeroros pays half damage (the Tana Kama, like the Rabanan), or full damage (Yesh Omrim, like Sumchus).

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