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BAVA KAMA 2 (3 Teves) - Today's Dafyomi material has been dedicated in memory of Hagaon Rav Yisroel Zev Gustman Ztz"L (author of "Kuntresei Shiurim") and his wife, Rebbetzin Sarah Gustman (daughter of Hagaon Rav Meir Bassin, a Dayan in Vilna) in honor of the Yahrzeit of the Rebbetzin. Sponsored by a number of Rav Gustman's Talmidim (Yechiel Wachtel, Harav Naftoli Weinberg, and Harav Avrohom Feldman).
There are four Avos Nezikin; Shor, Bor, Mav'eh (Shen or Adam)and Hever (fire). (1)
If the Torah would have written only one of the Avos Nezikin the other Avos could not have been learned out from it.
A person is obligated to guard a potential Mazik and if he fails to so and it causes damage her must pay from the best of his property.
There are thirty nine Avos Melachos that are forbidden on Shabbos and each one of the Melachos has Toldos.
The Toldos are the same as the Avos and someone who does a Toldos Melachah on Shabbos is Chayav Sekilah if he does it b''Mezid and a Korban Chatas if he does it b'Shogeg
If someone does two Avos or two Toldos in one thoughtless act on Shabbos he is Chayav two Korbanos Chatas, but if he does an Av Melachah together with a Toldah of that Av he is only Chayav once.
R. Eliezer holds that if a person does an Av Melachah together with the Toldah of that Av he is Chayav two Korbanos Chatas
The Avos ha'Tum'ah are a Sheretz, Shichvas Zera and Tamei Mais; an Av ha'Tum'ah is conveys Tum'ah to people and to vessels while a Toldah only conveys Tum'ah to food and drink.
Some Toldos of the Avos Nezikin are the same as the Av and some are not.
There are three Avos of Shor; Keren, Shen, and Regel.
If an animal causes damage with a horn, whether the horn is loose or attached to its body, the owner pays half damages for a Tam and full damages for a Mu'ad.
The Toldos of Keren are pushing, biting, crouching and kicking. (1)
An animal that is a Mu'ad for a person is a Mu'ad for an animal, but if it is a Mu'ad for an animal is not a Mu'ad for a person. (2)
A BIT MORE
1. All of these things are done with intent to damage and they are not done for pleasure, or in an incidental manner, and therefore it is a Toldah of Keren and not of Shen or Regel.
2. A person is more difficult to kill than an animal and therefore even though the animal killed three animals it is not a Mu'ad for a person and if it kills a person it has a Din of a Tam and does not pay Kofer.
The Gemara states that a person has a Mazal. Rashi explains that he has the wisdom to protect himself from being hurt. Alternatively Rashi says that it takes great strength to kill a person. Rashi in Maseches Shabbos gives another explanation that each person has an angel that protects him. The Maharitz Chiyus explains that since a person has an angel that protects him it takes great strength to kill a person.
AVOS AND TOLDOS
There are three Avos in Shor Keren Shen and Regel. They are called Avos because they are written in the Pasuk. The Avos have Toldos; any [damage] that is similar to the Av is called a Toldah and it is Chayav just like the Av with the exception of Tzeroros as we will explain. (Shulchan Aruch CM 389:18)
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