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BAVA KAMA 24

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PAST DEDICATION
BAVA KAMA 21-25 - 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, who passed away on 18 Teves 5760. 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.

SUMMARY

R. Meir says that if an ox gores three times on one day it is a Mu'ad.
 
If a Zav has three emissions on the same day he must bring a Korban.
 
If a Zavah has three emissions on three consecutive days she is a Zavah Gedolah and she is Teme'ah for seven days.
 
If a Zavah has three emissions on the same day she is not a Zavah Gedolah.
 
Rebbi Yosi says an ox becomes a Mu'ad if it gores on three different days and it becomes a Tam when children play with the ox and they are not gored.
 
R. Shimon says that an ox becomes a Mu'ad if it gores three times even on the same day and it becomes a Tam if on three different days it does not gore even when the opportunity arises.
 
An ox only becomes a Mu'ad if the witnesses testify in front of the owner and in front of Beis Din.
 
If three sets of witnesses testify that an ox gored on three different occasions each set of witnesses are separate and if one set is voided the other sets of witnesses remain valid.
 
All three sets of witnesses are considered one set regarding Hazamah and they do not pay Ka'asher Zamam of Nezek Shalem unless all of them become Zomemim. (1)
 
Even if all of the witnesses become Zomemim they only pay Ka'asher Zamam of Nezek Shalem if they testified on the same day and it is obvious that the latter sets of witnesses were aware of the previous sets. (2)
 
An ox becomes a Mu'ad even if three sets of witnesses on three different days said that the ox gored three times.
 
If three sets of witnesses testify that one of a person's oxen gored on three different occasions and they don't know which, it is a valid testimony to make his ox into a Mu'ad.
 
If a person incites a dog on his friend he is Patur and it is a Safek if the owner of the dog is Chayav.
 
If a person incites a dog on himself the owner of the dog is certainly Patur because when a person does something unusual and the animal subsequently damages in an unusual fashion it is Patur.
 
If an 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. (3)
 
If an animal gores, pushes, bites, crouches or kicks in the Reshus ha'Rabim and causes damage it pays Chatzi Nezek.
 
If an animal gores, pushes, bites, crouches or kicks in the Reshus ha'Nizak according to R. Tarfon it pays Nezek Shalem and according to the Chachamim it pays Chatzi Nezek.
 
Shen and Regel are Patur in Reshus ha'Rabim and Keren is Chayav Chatzi Nezek in Reshus ha'Rabim.

A BIT MORE

1. If only one set of witnesses become Zomemim that set of witnesses are voided, but they do not pay Ka'asher Zamam unless all of them become Zomemim.
 
2. Because if the latter sets were not aware of the previous witnesses they could claim that they were not attempting to obligate him to pay Nezek Shalem because they were not aware of the previous witnesses and they thought that the ox will still a Tam even after their testimony.
 
3. The crouching animal is doing an unusual act in Reshus ha'Rabim and therefore if another animal damages it there is no Chiyuv.

BRIEF INSIGHT

KEREN IN RESHUS HA'NIZAK
 
R. Tarfon holds that Keren in Reshus ha'Nizak pays Nezek Shalem as it is learned out with a Kal va'Chomer from Shen and Regel which is Patur in Reshus ha'Rabim and yet it pays Nezek Shalem in Reshus ha'Nizak. The Rashash asks that the payment of Keren is a Knas and the payment of Shen and Regel is Mamon and a Knas may not be learned out from Mamon. The Rashash answers that maybe even though when Keren pays Chatzi Nezek it is a Knas, however when it pays Nezek Shalem it is Mamon. Nevertheless he says that since an ox is regarded b'Chezkas that it is guarded it should not make a difference whether it damages in Reshus ha'Rabim or Reshus ha'Nizak.

QUICK HALACHAH

CROUCHING IN RESHUS HA'RABIM
 
If an animal is crouching in Reshus ha'Rabim and another animal comes along and kicks it even though the animal was doing something unusual by crouching the other animal should not have kicked it, but if it injures it while it is walking it is Patur. (Shulchan Aruch CM 389:20)

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