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BAVA KAMA 10

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BAVA KAMA 10 (4 Sivan) - Dedicated by Rabbi Kornfeld's father, Mr. David Kornfeld, in memory of the members of his family who perished at the hands of the Nazi murderers in the Holocaust, Hashem Yikom Damam: His mother (Mirel bas Yakov Mordechai), brothers (Shraga Feivel, Aryeh Leib and Yisachar Dov sons of Mordechai), grandfather (Reb Yakov Mordechai ben Reb David Shpira) and aunt (Charne bas Yakov Mordechai, the wife of Reb Moshe Aryeh Cohen zt'l). Their Yahrzeit is observed on 4 Sivan.

SUMMARY

If a Shor Mu'ad kills a person the owner must pay Kofer, if the Shor kills a servant the owner must pay 30 Shekalim to the master.
 
If a Shor kills a person it is put to death and once the Din is decided to put it to death it is forbidden to derive benefit from the Shor.
 
If a Shor was given over to a deaf-mute, insane person, or a Katan and it causes damage the owner is Chayav for the damages. (1)
 
If a person is killed by a fire the Ba'al ha'Esh is Patur. (2)
 
If a Bor was given over to a deaf-mute, insane person, or a Katan and it causes damage the owner is Chayav for the damages, however if a hot coal is given over to one of these people he is Patur. (3)
 
It is a Machlokes Tana'im if the Bor is Chayav for utensils
 
According to the Rabanan if a fire consumes concealed objects the person who lit the fire is Patur. (4)
 
If a fire singes a plowed field or chars stones the person who lit the fire is Chayav.
 
If an ox killed an ox of Hekdesh that was redeemed the owner of the ox is Chayav, but if an ox of Hekdesh that was redeemed fell into a Bor the Ba'al ha'Bor is Patur. (5)
 
If an ox tramples a plowed field and ruins it the owner is obligated to pay for the loss that was incurred.
 
If one person digs a Bor nine Tefachim deep and a second person digs another Tefach and make it ten Tefachim deep according to the Rabanan the second person is liable for any damage that is incurred in the Bor.
 
Rebbi holds that the second person is Chayav if an animal is killed in the he Bor and both of them are Chayav if an animal is injured in the Bor.
 
If a person gives over an ox to five people to guard if all five people are needed to guard it and one of them is negligent and the ox causes damage he is Chayav and the others are Patur.
 
If someone adds wood into a fire and the fire spreads and causes damage if the fire would not have spread without him he is Chayav and the others are Patur.
 
If five people were sitting on a bench and a sixth person comes along and sits down and the bench breaks if it would not have broken without him only the sixth person is Chayav.
 
If five people are sitting on a bench and a sixth person leans on them and does not allow them to get up and the bench breaks the sixth person is Chayav because Kocho is like Gufo.
 
If ten people hit a person all at once or one after the other and the person dies him they are Patur.
 
Rebbi Yehudah Ben Beseira holds that if they hit the person one after the other the last person to hit him is Chayav because he hastened his death.
 
When a Shor is killed the Nizak takes the Neveilah and the Mazik pays the difference between the value of the Neveilah and the original value of the Shor. (6)
 
If the Neveilah depreciates prior to the judgment of Beis Din the Nizak takes the loss and the Mazik only pays the difference between the value of the Neveilah at the time of the Din and the original value of the animal.

A BIT MORE

1. According to Reish Lakish even if the Shor was tied up when he gave it to the deaf-mute he is Chayav because it is common for a Shor to become untied, while R. Yochanan holds that the owner is only Chayav if the Shor was untied.
 
2. Because the person who was killed is at fault because he should have run away and if he was tied up and could not run away the Ba'al ha'Esh is Chayav Misah and therefore he is Patur from paying Kofer because someone who is Chayav Misah is Patur from paying.
 
3. According to Reish Lakish even if the Bor was covered when he gave it over to the deaf-mute he is Chayav because it is common for the Bor to become uncovered, however if he gave a hot coal to the deaf-mute he is Patur because it is not usual for hot coal to cause a fire because it eventually cools off. R. Yochanan holds however that only if he gave over an uncovered Bor to the deaf-mute he is Chayav, but if he gives even a flame to a deaf-mute he is Patur because the flame only causes damage by way of an act from the deaf-mute when he starts a fire with it and he is not Chayav for an act that is done by the deaf-mute even though he is at fault for giving it to the deaf-mute in the first place.
 
4. However Rebbi Yehudah argues and he holds that Esh is Chayav for concealed objects.
 
5. An animal of Hekdesh that was redeemed may be Shechted and eaten but it may not be sheared for its wool and it may not be milked and if it dies without Shechitah it is forbidden to derive benefit from it. Since if it dies in the Bor it is forbidden to derive benefit from it is a Gezeiras ha'Kasuv that the Ba'al ha'Bor is Patur.
 
6. This Din applies whether a person killed the Shor with his own hands, or if he was a guard and his negligence cause the Shor to be killed, or if his animal killed the Shor.

BRIEF INSIGHT

A PARTIAL MAZIK
 
If a person gives over a Shor to five people to guard if one of them is negligent and the ox causes damage he is Patur if the others were capable guard the ox without his help. The Rosh explains that he is only Patur if the others continue to guard the Shor even after one of them was negligent and refused to guard it. When the owner gave them the Shor to watch he gave it to whoever among them was willing to guard the Shor and since they were willing to guard it and he was not willing they are culpable for any damage that is caused. However, if at the time that he was negligent and he refused to guard the others said that if you refuse to guard we also refuse to guard it, in such a case they are all equally culpable for any damage that is caused by the ox.

QUICK HALACHAH

A BROKEN BENCH
 
If five people sat on a bench and it did not break and another person came along and sat on the bench and leaned on the other people and did not allow them to get up and the bench broke even though it would have been broken without the last person since he caused it break more quickly he is Chayav because they can say to him if you would not have leaned on us we would have stood up before it broke. If they all sat down at the same time they are all Chayav. (Shulchan Aruch CM 381:1)

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