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BAVA KAMA 117

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PAST DEDICATION
BAVA KAMA 117 - Dedicated by Dr. David and Ellen Friedman in honor of the Yahrzeit of David's father, Yakov Yosef ben Rav Nosson Neta Z'L Friedman.

SUMMARY

One Din may be learned out from another Din, but one Knas may not be learned out from another Knas.
 
At first the Chachamim said that a person who is Mitamei the food of his friend or is Menasech the wine of his friend is obligated to pay and subsequently the Chachamim said also someone who is Medame'a (mixes Terumah with Chulin) is obligated to pay. (1)
 
The Beraisa of the father of R. Avin states that at first the Chachamim said that one who is Mitamei or is Medame'a the food of his friend is obligated pay and subsequently the Chachamim said also someone who is Menasech the wine of his friend is obligated to pay. (2)
 
R. Avin says someone who throws an arrow on Shabbos four Amos in Reshus ha'Rabim and the arrow rips his friend's clothing in midair is Patur from paying. (3)
 
R. Yirmiyah says someone who is Menasech the wine of his friend is Chayav because he is Chayav to pay as soon as he picks it up and the Chiyuv Misah only comes at the time of the actual Nisuch of the wine. (4)
 
If a Yisrael was forced by a non-Jew and he pointed out his friend's property to the non-Jew he is Patur, but if he actually took the property in his hands and gave it to the non-Jew he is Chayav. (5)
 
Rabah says if someone points out his friend's property to a non-Jew on his own initiative he is Chayav to pay.
 
If the non-Jew calls out to a person on the other side of a river to hand him a certain property of his friend if he hands it to him he is Chayav.
 
If there is a dispute between two people and one of them hands over the object of their dispute to the Malchus Rava says that he is put into Cherem until he goes to Din with his friend.
 
If a Dayan judges a Din incorrectly the Din stands and the Dayan must pay out of his own pocket.
 
Rav says the Dayan is only Chayav to pay if he took the money with his own hands and gave it to the plaintiff. (6)
 
If someone is guarding his friend's silver goblet and thieves break into his house and he gives them the goblet if he is a wealthy person his Chayav, but if not he is Patur. (7)
 
If someone was guarding money that was put aside for ransoming captives and thieves broke into his house and he gave them the money he was guarding he is Patur because paying off the thieves is also regarded as ransoming a captive.
 
If a Rodef breaks utensils while he is running after his friend to kill him he is Patur whether he broke utensils that belong to the person he is pursuing or to someone else.
 
If the person who is being pursued breaks the utensils of the Rodef he is Patur because the property of the Rodef is not more valuable than his life; since he is allowed to kill the Rodef he may also damage his property.
 
If the person who is bring pursued breaks the utensils of others in the process of running away he Chayav because he is saving himself with the property of his friend.
 
If a person breaks utensils while he is pursuing a Rodef he is Patur whether he broke utensils that belong to the Rodef of to other people because if he was Chayav he will not want to purse a Rodef.
 
If a person steals a field and it is flooded by a river according to R. Eliezer he must give the owner a replacement field, while the Chachamim hold he may return the field as it is.
 
R. Eliezer holds that only Shtaros are excluded from the Dinim of Shevu'ah and Hashavas ha'Gezeilah, while the Rabanan hold that Karka and servants are also excluded.
 

 
If a person steals a field and there is a cow in the field and it is flooded by a river and the cow dies according to R. Eliezer he must pay the owner for the cow, while the Chachamim hold he is Patur. (8)

A BIT MORE

1. The Chachamim imposed a Knas that a person is obligated to pay for these types of damages even though it is an indiscernible Hezek and is Patur Min ha'Torah. However, at first the Chachamim were not Mechayev for Medame'a since it is only a small damage as the food may be eaten, but it may only be eaten by a Kohen and the owner will be forced to sell it to a Kohen for the price of Terumah.
 
2. At first the Chachamim held that even though Mitamei and Medame'a is Chayav, however Menasech is Patur because it is Kim Lay bede'Rabah Minei, but subsequently the Chachamim held that it is not Kim Lay bede'Rabah Minei because he is Chayav to pay as soon as he picks it up and the Chiyuv Misah only comes at the time of the actual Nisuch of the wine.
 
3. Because the Chiyuv for Shabbos starts as soon as he shoots the arrow and therefore the Chiyuv Misah and Chiyuv to pay comes at the same time and he is Patur because of Kim Lay bede'Rabah Minei.
 
4. R. Yirmiyah argues with R. Avin and he holds that someone who shoots an arrow on Shabbos is Chayav to pay for the clothing because the Chiyuv to pay for the clothing comes first and the Chiyuv Misah for Shabbos is only when the arrow lands.
 
5. However, if the non-Jew set his eyes on the property before he handed it to him it is regarded as if the property was already consumed and he is Patur.
 
6. Rav holds that a person is Patur for Dina d'Garmi and therefore the Dayan is only Chayav if he takes matters in his own hands.
 
7. If he is wealthy the intent of the thieves was to steal his own property and when he gave his friend's goblet he saved his own property with the property of his friend and he is Chayav, but if he is not wealthy the intent of the thieves was to steal the goblet and therefore he is Patur.
 
8. He stole the field but he did not make a Kinyan on the cow, R. Eliezer holds that since he stole the Karka he s Koneh also the cow with a Kinyan Agav, while the Chachamim hold that Karka is excluded from the Dinei Gezeilah and therefore since he is not Koneh the Karka he is also not Koneh the cow.

BRIEF INSIGHT

SEVEN ROWS BACK
 
Rav instructed R. Kahana after he killed a Moser that he shall run away to Eretz Yisrael and he shall go learn for R. Yochanan and he shall accept upon himself not to ask questions for seven years. Why did Rav instruct R. Kahana not ask any questions? The answer can't be that it was Teshuvah for killing the Moser because Rav told him that it was the right thing to do. The Maharsha explains that it is a punishment for killing the person without asking his Rebbe first, it was tantamount to making a Halachah decision in front of his Rebbe. The humiliation of refraining from asking any question for seven years was to be atonement for his sin. However, after he was placed seven rows back among the lesser of the students it was sufficient humiliation and it replaced the humiliation of not asking friend seven years and his son was atoned.

QUICK HALACHAH

PAYMENT OF A MOSER
 
Someone who is Moser the money of his friend to a thief whether he was Moser it to a Jewish or a non-Jewish thief he is Chayav to pay from the best of his property everything that the thief took. Even though the Moser didn't pick it up and give it to the thief and only directed him to it he is Chayav. If he dies the money is collected from the inheritors of he Moser just like other damages. (Shulchan Aruch CM 338:2)

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