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BAVA KAMA 13

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SUMMARY

If someone denies with a Shevu'ah that he was given Kodshim Kalim to guard and he subsequently admits that he was lying he is Chayav a Korban Shevu'ah according to Rebbi Yosi ha'Glili who holds that Kodshim Kalim is the property of the owner.
 
Ben Azai says that a Korban Shelamim is regarded as the property of the owner, but not Ma'asar Beheimah. (1)
 
Abba Yosi Ben Dostai says that Ben Azai only said that a Bechor is regarded as the possession of the owner.
 
A Shelamim requires Semichah, Nesachim and Tenufah while a Bechor does not require any of these.
 
A Bechor may be sold if it is a Tam while it is still alive and if it is a Ba'al Mum it may be sold even after it was Shechted but Ma'asar Beheimah may not be sold at all.
 
Rava says that according to the Tana of our Mishnah someone who causes damage to any type of Hekdesh is Patur. .
 
If a Shor Tam that is a Shelamim gores an animal the Nizak only collects half of the flesh of the Shelamim but he does not collect from the flesh the Nezek that otherwise would have been collected from Eimurim (2)
 
If a Shor pushes an animal into a Bor the Rabanan hold that if the Shor is a Tam the Shor pays a quarter and the Ba'al ha'Bor is Patur and if the Shor is a Mu'ad the Shor pays half and the Ba'al ha'Bor is Patur. (3)
 
R. Nasan holds that if the Shor is a Tam the Shor pays a quarter and the Ba'al ha'Bor pays ¾ and if the Shor is a Mu'ad the Shor pays half and the Ba'al ha'Bor pays half. (4)
 
If a Shor Tam that is a Korban Todah causes damage the Nizak eats the flesh of the Korban, but the Mazik must bring the bread. (5)
 
If an ox that belongs to a Yisrael gores the ox of a Nochri he is Patur.
 
If two oxen that belong to two different people are chasing someone's animal and we don't know which ox gored the animal the owners of both oxen are Patur.
 
If a Shor Tam of Hefker gores an animal and someone grabs the Shor of Hefker before the Nizak has a chance to take it he may keep it.
 
If an ox gores an animal and the owner of the ox is Makdish or is Mafkir the animal before the Gmar Din he is Patur from paying for the damages.
 
If an ox gores an animal in the property of the Mazik he is Patur.
 
R. Chisda says that if an animal of one partner damages the property of the other [partner with Shen or Regel in their shared courtyard he is Chayav, while R. Elazar argues.
 
If someone borrows a Shor and the borrowed Shor gores a Shor that belongs to the borrower the owner of the Shor must pay Chatzi Nezek for a Tam and Nezek Shalem for a Mu'ad. (6)

A BIT MORE

1. Ma'asar Beheimah may not be sold and therefore it is not regarded as the property of the owner.
 
2. A Shor Tam only pays mi'Gufo and the Nizak may not collect from the Eimurim since it must be burned on the Mizbe'ach and he may not collect the entire Chatzi Nezek from the flesh in place of collecting from the Eimurim
 
3. The Ba'al ha'Bor is Patur since the animal was pushed by the Shor into the Bor, however the Shor only pays half of the Nezek it would normally pay since the Bor also caused the Hezek and the Rabanan hold that even though the Nizak cannot collect from the Ba'al ha'Bor the owner of the Shor does not have to make up the difference.
 
4. R. Nasan holds that whatever the Nizak cannot collect from the Ba'al ha'Shor the owner of the Bor must make up the difference.
 
5. Since a Shor Tam pays mi'Gufo the Nizak has the right to eat the flesh of the Korban Todah as payment for his damage, however the Mazik is Yotzei his Chov with this Todah and therefore he must bring the bread.
 
6. Even though a Shomer is responsible for any damages that is caused by the animal that he is guarding in this case the Shomer did not accept upon himself responsibility for the damages that the animal will cause.

BRIEF INSIGHT

A CHANGE IN OWNERSHIP
 
If an ox gores an animal and the owner of the ox is Makdish or is Mafkir the animal before the Gmar Din he is Patur from paying for the damages. The Rashba says that it is not necessary for the Shor to be in the possession of the same owner and even if the Shor is sold or inherited he is still Chayav. As long as the Shor is owned the entire time by someone it is sufficient even if it is not owned by the same person. Only if he is Mafkir or Makdish it prior to the Gmar Din he is Patur because it is not owner by anyone for a time.

QUICK HALACHAH

KODSHIM THAT CAUSES DAMAGE
 
If a Shelamim causes damage the Nizak may collect from the flesh but he does not collect from the flesh to make up for the Eimurim because the Dinim of Me'ilah applies to the Eimurim of Kodesh Kalim. So too if a Todah causes damage the Nizak may collect from the flesh but not from the bread that come with it because the bread didn't cause the Hezek. (Rambam Hilchos Nizkei Mamon 8:2, 3)

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