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BAVA KAMA 17 (18 Teves) - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the ninth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
Rebbi Yehudah says that thirty six thousand people with their clothes torn at the shoulders preceded the coffin of Chizkiyahu ha'Melech at his funeral procession.
R. Nechemyah says that they placed a Sefer Torah on the Mitah of Chizkiyahu ha'Melech and they said that this person kept what is written in this. (1)
Learning Torah is very great because it leads to Ma'aseh (deeds); nevertheless teaching Torah is more important than good deeds.
Anybody who occupies himself with Torah and Gemilus Chasadim will the canopy of Yosef and the wealth of Yisachar. (2)
An animal is a Mu'ad to break things with its legs while is walking. (3)
If an animal kicked at something and broke it, or if pebbles shot out from under its feet and broke something the owner must pay Chatzi Nezek. (4)
If an animal stepped on a utensil and broke it and one of the shards shot out and broke a second utensil for the first utensil it pays Nezek Shalem and for the second utensil it pays Chatzi Nezek. (5)
If a rooster breaks something by flicking a string or if it pranced around and pebbles shot out and broke a utensil it pays Chatzi Nezek.
The owner of a Chayah is Chayav for the Hezek of Shen just like the owner of a Beheimah.
If an animal entered the courtyard of the Nizak and damaged utensils with its body, hair, saddle, or its package, or its bit, or its bell the owner is Chayav Nezek Shalem.
If an animal damages with pebbles that shoot out or a pig is rummaging with its snout and pebbles shoot out it pays Chatzi Nezek, while Sumchus holds that it pays Nezek Shalem.
If birds break things with their wings it pays Nezek Shalem, but if it breaks things with the air of its wings it is Tzeroros and it pays Chatzi Nezek, while Sumchus holds that it pays Nezek Shalem.
If birds are prancing on dough and make it dirty or damages the dough with its pecking it pays Nezek Shalem; if it blows dust or pebbles on it, it pays Chatzi Nezek. .
If a Zav is sitting on a wagon that passes over utensils, the utensils are Tamei from Midras ha'Zav. (6)
If an animal is pulling a wagon and the passes over utensils causing them to break it is not considered Tzeroros and it pays Nezek Shalem.
Rava is in doubt if an animal causes a utensil to roll and it breaks while it is rolling if it is Tzeroros and only pays Chatzi Nezek.
Rabah says that if a person throws a utensil from the top of a roof and a second person breaks it before it hits the ground the first person is Chayav. (7)
A BIT MORE
1. R. Nechemyah disagrees with Rebbi Yehudah that the honor which was done for Chizkiyahu was that thirty six thousand people preceded his coffin because that honor was even given to Achav who was a Rasha so it must be that Chizkiyahu was given a greater honor.
2. Some say that he will merit that his enemies will fall in front of him like Yosef and he will also merit the Binah of Yisachar
3. An animal that breaks utensils in the Reshus of the Nizak while it is walking with its legs, body, or saddle is the Hezek of Regel and it is regarded as a Mu'ad and the owner must pay Nezek Shalem.
4. When the animal kick at something since it is an intentional Hezek it is the Hezek of Keren and Keren Tam pays Chatzi Nezek. When pebbles shoot out it is Tzeroros which is Regel but the Halachah l'Moshe mi'Sinai teaches us that since it is an indirect Hezek it pays only Chatzi Nezek.
5. The second utensil is regarded as the Hezek of Tzeroros since it is an indirect Hezek and therefore it pays Chatzi Nezek.
6. If a Zav sits on something it becomes Tamei Midras which is an Av ha'Tum'ah and if a wagon that he is sitting on passes over utensils it is the same as if the Zav sat on the utensils and they are Tamei Midras.
7. Rabah holds that the answer to the question of Rava is that it is not Tzeroros because he holds that the utensil is considered broken as soon as sufficient force is put into it that it will inevitably break.
A Sefer Torah was placed on the bier of Chizkiyahu ha'Melech and they said that that this person taught what is written in this. The Ya'aros Devash explains that normally it is forbidden to place a Sefer Torah on a bier or to wear Tzitzis or Tefilin in front of a Mes because it is Lo'eg la'Rash, it is as if we are taunting the deceased that he no longer is capable of performing the Mitzvos. However for a Tzadik who kept the Mitzvos of the Torah faithfully it is not considered Lo'eg la'Rash to place a Sefer Torah on his bier since he kept the Torah. However it is only not Lo'eg la'Rash with regards to his own performance of the Torah, but with regards to teaching others Torah there is no limit to what a person is capable of accomplishing and therefore if we put down the Sefer Torah and we say that he taught Torah it is Lo'eg la'Rash. [Maharitz Chiyus].
LEARNING TORAH AND KEEPING THE MITZVOS
Talmud Torah is equal to all of the Mitzvos. If a person has the opportunity to do a Mitzvah or to learn Torah if it is possible for the Mitzvah to be done by others he should not interrupt his learning but if no one is available to do the Mitzvah he should do the Mitzvah and than go back to his learning. (Shulchan Aruch YD 246:18)
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