REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
If a goat climbs on a barrel and breaks it in the process of eating food on the barrel it pays Nezek Shalem for both the barrel and the food. (1)
If an animal eats off the top of another animal in Reshus ha'Rabim it is as if it ate in the Reshus ha'Nizak and it is Chayav.
If an animal jumps up to eat something it is an unusual Hezek and it is a Toldah of Keren and it pays Chatzi Nezek.
It is a question if an animal drags food from Reshus ha'Nizak into the Reshus ha'Rabim before eating if he is Chayav. (2)
If an animal eats clothing or utensils in Reshus ha'Rabim according to Reish Lakish it is Patur and according to Rebbi Yochanan it is Chayav Chatzi Nezek. (3)
If animal that is walking normally kicks an animal that is crouching in Reshus ha'Rabim it is Patur, but if the crouching animal kicks the other animal it is Chayav. (4)
Rabah holds that if an animal eats barley in Reshus ha'Rabim it pays the cost of straw, while Rava says that it pays 2/3 of the cost of barley.
If an animal eats wheat or anything else that is bad for it in the Reshus ha'Rabim it is Patur since it did not benefit.
If a person who usually pays to rent a house lives without permission in a vacant house that is up for rent he must pay the rent.
If a person who does not usually pay for rent lives without permission in a vacant house that is not up for rent he is Patur.
If a person's field is surrounded on all sides by the fields of his friend and his friend fences him on three sides he does not have to pay his share for the fence. (5)
If his friend fences him on all four sides according to the Tana Kama he must pay his share for the fence, while Rebbi Yosi holds that he is Patur. (6)
If a two story house collapsed and the resident of the first floor refuses to rebuild, the resident of the second floor should build the first story and live there until his friend compensates him for his expenses.
The Tana Kama holds that the resident of the second floor does not have to pay rent for the time he is living on the rebuilt first floor, while Rebbi Yehudah argues.
If the treasurer of Hekdesh takes a stone or beam of Hekdesh he is not Chayav a Korban Me'ilah. (7)
If the treasurer gives the stone or beam to his friend he is Chayav a Korban Me'ilah and not his friend.
If he places the stone of Hekdesh in his sky window as soon as he lives underneath it for the value of a Perutah he is Chayav a Korban Me'ilah. (8)
A BIT MORE
1. Since it is usual for the goat to eat the food it is also usual for it to break the barrel.
2. The Safek is that maybe since it was originally in the Reshus ha'Nizak it pays Nezek Shalem or maybe since the food was eaten in Reshus ha'Rabim it is Patur.
3. Reish Lakish holds that since it is unusual to place clothing in the Reshus ha'Rabim if an animal damages it, there is no Chiyuv, while Rebbi Yochanan holds that sometimes a person places clothing in Reshus ha'Rabim and therefore if it is damaged there is a Chiyuv to pay.
4. The crouching animal is doing an unusual act in Reshus ha'Rabim and therefore if another animal damages it there is no Chiyuv.
5. Because he is not benefiting at all since his field is still open on one side.
6. Rebbi Yosi agrees that he must pay his share of the fence if after his friend fences him in from three sides he puts up the fourth side of the fence on his own.
7. He did not take it out of the Reshus of Hekdesh since he is the treasurer and it had been in his Reshus in the first place.
8. If he built the stone into the building he is Chayav a Korban Me'ilah immediately.
|
BRIEF INSIGHT
A SQUATTER
If a person who does not usually pay for rent lives without permission in a vacant house that is not up for rent he is Patur. The Ri says that even if the house is up for rent if the person who lives there does not usually rent a house he is Patur even though he caused a loss to his friend who otherwise would have rented out the house because it is only Gerama just as a person would be Patur from locking the door of his friend's house and not letting the owner enter the house which is only Gerama. However, the Rif and the Rosh disagree and the Rosh explains that that he is consuming the loss of his friend and he must pay for that loss. It is not similar to a case that he locked his friend out of the house because he is not living in the house himself, but in this case that he is living in the house he is consuming the loss even though he would otherwise have rented a house and therefore he must pay his friend for that loss.
QUICK HALACHAH
If an animal eats food in Reshus ha'Rabim it pays the value of the benefit which is the value of straw, however some say that it pays the value of cheap barley. If the animal ate things that are bad for it such as wheat it is Patur since it did not benefit.
Even though a Mazik normally pays from Meitav however when he is Chayav only for the benefit he pays for Ziburis because a Ba'al Chov pays from Ziburis Min ha'Torah even though the borrower benefited from him and the Chachamim decreed that he pays Beinonis so that the door will not be close on borrowers and that decree does not apply in this case. (Ketzos ha'Choshen)
|
Next Daf
Index to Revach for Maseches Bava Kama
|
