hebrew
1)

Why does the Torah write "v'Lo Yishmerenu" by Mu'ad and not by Tam?

1.

Ramban #1: According to the opinion that a Mu'ad requires a better guarding than a Tam, 1 it teaches us that the minimal Shemirah that will suffice for a Tam will not suffice for a Mu'ad.

2.

Ramban #2: According to those who hold that both require only a minimal Shemirah, it is informing us that, since, even after it became a Mu'ad, the owner still failed to guard it, he is obligated to pay full damages.


1

See Rav Chavel's footnotes.

2)

What are the connotations of "veha'Meis Yihyeh lo"?

1.

Rashi and Ramban #1: The Neveilah belongs to the Nizak 1 and the Mazik pays the balance. 2

2.

Ramban #2: The Neveilah belongs to the Mazik, to include in the payment to the Nizak. 3


1

See also Ba'al ha'Turim.

2

Ramban: In which case, what the Pasuk is saying is that the Mazik pays full damage, including the Neveilah [which he returns to the victim]. The 'Vov' means 'with' - similar to Shemos 1:5 and Yeshayah, 1:13.

3

Ramban: In any event, it is the owner who is responsible for it (Refer to 21:34:2:1**).

3)

Rashi writes that "veha'Mes Yihyeh Lo" teaches that the Neveilah belongs to the Nizak and the Mazik pays the balance. Bava Kama 51a expounds this to exclude Pesulei ha'Mukdashim!

1.

Perhaps the verse teaches that the Neveilah belongs to the Nizak, and automatically 1 we infer that Pesulei ha'Mukdashim are excluded! (PF)


1

Riva left this difficult. Perhaps he holds that "Kol she'Eino Ra'uy l'Bilah Bilah Me'akeves" applies only to Mitzvos, but not to payment of damage. (PF)

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