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BAVA KAMA 15

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SUMMARY

Servants and Nochrim are not qualified to be witnesses.
 
The children of a servant are not regarded as his, but the children of a Nochri are regarded as his children.
 
A servant is obligated in all of the Mitzvos that a woman is obligated in.
 
If a woman is injured the perpetrator is Chayav just like if a man is injured.
 
A woman is no different than a man for all of the punishments, Dinim and Misos in the Torah. (1)
 
R. Papa says that the Chatzi Nezek that the Torah obligates the owner of an animal to pay for Keren is Mamon, While R. Huna Bar Yehoshua holds that it's a Knas. (2)
 
According to R. Papa that for a Shor Tam the owner pays if he admits that he is Chayav ,while R. Huna Bar Yehoshua holds that he does not pay on his own admittance because Chatzi Nezek is a Knas.
 
A Mazik whether it is a Tam or a Mu'ad only has to pay the difference between the value of the Shor that was killed and the value of the Neveilah at the time of the judgment.
 
According to the Chachamim a Tam does not pay Kofer if it kills a person while Rebbi Yosi ha'Glili holds that a Tam pays Chatzi Kofer.
 
If someone admits that his Shor killed Ploni or the ox of Ploni he must pay, however if he admits that his Shor killed the servant of Ploni he is Patur. (4)
 
Any time someone pays for more than he damages it is a Knas and he does not pay for his admittance.
 
The Halachah l'Moshe mi'Sinai teaches us that the payment of Chatzi Nezek for Tzeroros is Mamon not Knas.
 
If a dog eats a large sheep or a cat that eats a large rooster it is an irregular Hezek and it is a Toldah of Keren and may not be collected in Bavel. (5)
 
Even though a Knas may not be collected in Bavel if the Nizak grabs the money from the Mazik he may keep it and if he demands that they shall go to Din in Eretz Yisrael the Mazik is obligated to go. (6)
 
A Mazik is excommunicated until he gets rid of an animal is his possession that is causing damage to other people.
 
R. Nasan says that it is forbidden to raise a bad dog in one's house and one may not keep in his house an unsafe ladder.
 
An animal is not a Mu'ad to gore, push, bite, crouch or kick. (7)
 
Shen is a Mu'ad if it eats food that it normally eats in the Reshus of the Nizak and Regel is a Mu'ad to break things as it walks Reshus of the Nizak.
 
Keren in the property of the Nizak aots Nezek Shalem according to R. Tarfon.
 
A world, lion, bear tiger, leopard and a snake are a Mu'ad even the first time they damage, R. Elazar says that if they are tamed they are not a Mu'ad with the exception of a snake.

A BIT MORE

1. A woman brings a Korban for a Kaparah just like a man and all of the Dinim that apply to commerce equally apply to a woman and if an ox gores a woman the owner must pay Kofer just as if the ox killed a man
 
2. R. Papa holds that a Shor is not naturally guarded from damaging with Keren and the owner was obligated to guard his Shor but the Torah has pity on him and obligates him only to pay Chatzi Nezek because the Shor is not yet a Mu'ad. R. Huna Bar Yehoshua holds that a Shor is naturally guarded from damaging with Keren but the Torah obligates him to pay Chatzi Nezek so that he will guard his Shor.
 
4. The thirty Shekalim that a person is obligated to pay when his Shor kills a servant is a Knas and therefore if he admits he is Patur.
 
5. The Halachah is like R. Huna Bar Yehoshua who holds that Chatzi Nezek is a Knas and a Knas may not be collected outside of Eretz Yisrael.
 
6. If he refuses to go he is excommunicated
 
7. Theses are Toldos of Keren since the animal is damaging in a deliberate fashion and it pays Chatzi Nezek.

BRIEF INSIGHT

GRABBING THE MAZIK
 
Even though a Knas may not be collected in Bavel if the Nizak grabs the money from the Mazik he may keep it. Rabeinu Tam says that only if he grabs the actual animal that caused the Hezek at the time of the damage he may keep it but if he takes any other object from the Mazik he may not keep it. The reason is because if we allowed him to take any object that he chooses nothing stops him from grabbing more than the value of he Knas and we cannot force him to give the extra amount that he took because if we did so we would be judging Dinei Kenasos in Bavel. However, the Rosh argues and he says that he may grab any object that he chooses from the Mazik and if he takes more than the value of the Knas Beis Din will force him to give back the extra and that will not be considered judging Dinei Kenasos since he already collected the Knas by way of the Din that if he grabs the Knas he may keep it.

QUICK HALACHAH

CLEAR PROOF
 
A person only collects damages if he has clear proof and Kosher witnesses. The testimony sonly accepted in front of the Ba'al Din even if he and the witnesses are ill. (Shulchan Aruch CM 408:1)

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