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BAVA KAMA 11

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BAVA KAMA 11 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.
12th CYCLE DEDICATION
BAVA KAMA 11 - Dedicated by Mordechai and Shifra Gitt (RBS, Israel) in memory of their deceased family members.

SUMMARY

Acherim say that it is the responsibility of the he Ba'al ha'Bor to bring the Neveilah of the dead Shor from the Bor.
 
Shmuel and Rav agree that a Ganav or Gazlan who steals utensils and broke them may not use the broken pieces as part of the payment. (1)
 
The Halachah is that a borrower who breaks the borrowed object may use the broken pieces as part of the payment.
 
If a woman miscarries her amniotic sac partially on one day and the rest of it on the next day she is regarded as Tamei from the first day. (2)
 
Although she is Tamei from the first day she only starts counting her days of Tum'ah from the second day since it is a Safek (3)
 
If an animal miscarries part of the amniotic sac and the animal is subsequently Shechted the fetus if forbidden to be eaten. (4)
 
If a first born son is killed before he is thirty days old the father does not have to redeem him.
 
According to one Tana the proper Kinyan of a large Beheimah is Mesirah.
 
The Chachamim hold that the proper Kinyan for both small and large animals is Meshichah, while R.
 
Shimon holds that the proper Kinyan is Hagbahah
 
When brother split an inheritance even the clothing that they are wearing is deducted from their share of the inheritance, but the clothing that their children are wearing are not deducted. (5)
 
The clothing that the oldest brother is wearing is not taken into account because the brothers want him to buy nice clothing so that when he deals with the property he will be treated with respect.
 
Ula says in the name of R. Elazar that if one Shomer gives the object that he is guarding to another Shomer to watch he is Patur even if he is a Shomer Sachar and he gave it to a Shomer Chinam. (6)
 
Rava holds if one Shomer gives the object to another Shomer he is Chayav even if he is a Shomer Chinam and he gave it to a Shomer Sachar because the owner could claim that I don't trust the Shevu'ah of the second Shomer. (7)
 
If a debtor makes a servant an Aputiki (he specifies that he shall collect the debt from the servant) the Ba'al Chov may collect the servant if he is sold, but if an ox is made into an Aputiki it may not be collected if it is sold. (8)

A BIT MORE

1. A Ganav or Gazlan must return either the intact stolen object or they must pay money.
 
2. A partial amniotic sac carries at least part of the fetus and it is a Safek that maybe most of the fetus came out with the partial amniotic sac and the child is regarded as if it was born and therefore she is Tamei mi'Safek from the first day.
 
3. However, her days of Taharah end one day earlier because it is a Safek that maybe the fetus was born the first day and she should have started counting one day earlier.
 
4. A fetus is permitted to be eaten if the mother is Shechted but if most of the fetus has been miscarried it may not be eaten with the Shechitah of the mother, once the amniotic sac has been partially miscarried it is a Safek that maybe most of the fetus has been miscarried and therefore it may not be eaten.
 
5. Because it is an embarrassment to bring the children into Beis Din in order to evaluate the worth of the clothing and therefore the brothers are Mochel to one another
 
6. Even though a Shomer Chinam does not guard the object as well as a Shomer Sachar because he is not culpable if it is stolen or lost, nevertheless giving it to another Shomer it is not regarded as negligence since the Shomer that he gave it to is a Bar Da'as.
 
7. If a Shomer claims that an Ones occurred causing the object to break he must swear and if he gave the object to another Shomer to watch the owner can say I don't trust his Shevu'ah
 
8. Because when a servant is sold there is a Kol but there is no Kol when an ox is sold.

BRIEF INSIGHT

THE CLOTHES ON THEIR BACK
 
When brothers split an inheritance even the clothing that they are wearing is deducted from their share of the inheritance, but the clothing that their children are wearing are not deducted. The Ran explains that the clothing that was brought by the brothers from the inheritance before they split it up between them is deducted from the portion that each one receives. Even though the brothers did not protest when one of the brothers bought clothing from the inheritance their silence does not constitute a Mechilah because they had in mind when it comes time to split up the inheritance they will evaluate the worth of the clothing. However, if by the time they split up the inheritance the clothing that was bought was already worn out or lost it is not deducted from the portion that the brothers receive because since the brothers did not protest until the clothing was already worn out and could no longer be evaluated it must be that they were Mochel.

QUICK HALACHAH

THE SECOND SHOMER
 
If one Shomer gives the object he is guarding to another Shomer he is Chayav even if he is a Shomer Chinam and he gave it to a Shomer Sachar because the owner could claim that I don't trust the Shevu'ah of the second Shomer even if it is well known that the second Shomer is a better and more trustworthy person than the first Shomer. However if he gave it to the second Shomer in the presence of the owner and he did not protest he is Patur. (Shulchan Aruch CM 291:26)

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