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BAVA KAMA 59

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PAST DEDICATION
BAVA KAMA 59 (1 Adar) - dedicated in memory of Mordecai (Marcus) ben Elimelech Shmuel Kornfeld, who perished in the Holocaust along with most of his family. His Yahrzeit is observed on 1 Adar. May his death and the deaths of the other Kedoshim of the Holocaust atone for the sins of Klal Yisrael like Korbanos.

SUMMARY

If an animal eats newly budding grapes R. Yehoshua says that it must pay as if they are grapes that are ready to be picked.
 
The Chachamim say that we evaluate in a field sixty times the size of the damage how much it is worth with and without the grapes.
 
R. agrees with R. Yehoshua that for newly budding grapes it must pay as if they are grapes that are ready to be picked, however he holds that we subtract from the payment the amount that fully grown grapes weaken the vines by virtue of constantly taking nourishment from them until they are picked.
 
R. Yishmael holds that a Mazik pays from the best field of the Nizak, while R. Akiva holds that he must pay from his own best field.
 
R. Yishmael holds that if an animal eats unripe grain it must pay in accordance with the value of the remaining grain after it is fully grown.
 
R. Shimon Ben Menasya says that someone who rapes a girl does not pay for Tza'ar because she will eventually suffer Tza'ar under her husband.
 
The Chachamim hold that he must pay for Tza'ar because the Tza'ar that she suffers is greater than the Tza'ar that she will suffer under her husband.
 
Rebbi Yosi says that someone who causes a woman to miscarry, when he pays for the Demei Vlados he may subtract the amount that she would have paid for a midwife and the amount of extra food that she would have eaten when she would have been in labor.
 
Ben Azai says that he only may subtract the amount of extra food that she would have eaten when she would be in labor, but not the amount that she would have paid for a midwife because some women do not require a midwife.
 
R. Papa and R. Huna Ben Yehoshua hold that when a person causes damage it is evaluated in sixty, while the Reish Galusa argues.
 
R. Shimon holds that if an animal eats ripe produce it must pay the complete value and it is not evaluated in sixty.
 
If a husband sells a field that is reserved for the Kesuvah of his wife and she refuses to sign off on the sale and when he sells it a second time she signs off on it she loses her Kesuvah according to R. Meir. (1)
 
Rebbi Yehudah holds that even if she didn't sign off the first time he sold it and she did sign off the second time she has the right to claim that she signed off in order to please her husband.
 
If someone stacks his grain in the field of his friend without permission if the animal of the owner of the field eats the grain he is Patur.
 
If the animal is damaged from the grain the owner of the grain is Chayav.
 
If he had permission to put the grain in the field if the animal of the owner of the field eats the grain he is Chayav.
 
Rebbi holds that the owner of the field is not Chayav if his animal eats the grain unless he specifically said that he would guard it with the exception of a Shomer of the granary who is Chayav even if he did not specifically say that he would guard it.
 
If someone sends a flame with a deaf-mute, Shoteh or Katan he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim.
 
Reish Lakish says that he is only Patur b'Dinei Adam if he sent a coal and it was ignited by the deaf-mute but if he sent a flame with him he is Chayav.
 
R. Yochanan says that even if he sent a flame he is Patur and he is only Chayav if he sent thorns, twigs and a candle with the deaf-mute.
 
If someone sends a flame with a healthy person the healthy person is Chayav.
 
If one person brings a flame and a second person brings wood the second person is Chayav. If one person brings wood and a second person brings a flame the second person is Chayav.
 
If a third person comes along and ignites the fire the third person is Chayav; if the wind ignites the fire they are both Patur.

A BIT MORE

1. Since the first time he sold it she refused to sign off now that she signed off she lost her right to say that she only agreed to the sale in order to please her husband.

BRIEF INSIGHT

EIN SHALI'ACH L'DEVAR AVEIRAH
 
If someone sends a flame with a healthy person the Shali'ach is Chayav. The Me'iri says that the person who sent the flame is not even Chayav b'Dinei Shamayim. Even though the Beraisa stated previously that someone who hires false witnesses is Chayav b'Dinei Shamayim that is because he caused the person a loss, but in this case he didn't cause any loss because the Shali'ach is Chayav. If the Shali'ach does not have money to pay then the person who sent him would be Chayav b'Dinei Shamayim since he caused a loss.

QUICK HALACHAH

TOP QUALITY FRUIT
 
Someone who eats the fruit of a tree and someone who cuts down the fruit of the tree of his friend if it is a Roman tree which does not produce good fruit it is evaluated in sixty together with the Karka. If it is a Persian tree which produces excellent fruit the tree is evaluated by itself how much it was worth previously and how much it is worth now. Some say that if the fruit is not ripe it is evaluated in sixty and if it is ripe it is evaluated by itself. (Shulchan Aruch CM 394:6)

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