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BAVA KAMA 18-20 - 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, who passed away on 18 Teves 5760. 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.
If a bird puts its head in a glass cup and breaks the glass with its shrieking, if there are seeds in the cup it is a usual Hezek and it is regarded as a Hezek of Tzeroros. (1)
It is a question to R. Ashi if Tzeroros with a Shinuy (an unusual Hezek of Tzeroros) pays a quarter Nezek.
It is a question to Rava if an animal damages with Tzeroros if it becomes a Mu'ad.
It is a question if an animal is walking in a Reshus ha'Nizak in a place that inevitably pebbles will shoot out if the animal deliberately kicks the pebbles if it is regarded as a Tzeroros with a Shinuy. (2)
If an animal breaks utensils with Tzeroros in Reshus ha'Rabim it is Patur because Regel is Patur in Reshus ha'Rabim.
If an animal is walking in Reshus ha'Rabim and pebbles shoot out into Reshus ha'Nizak and break utensils the owner is Chayav Chatzi Nezek. (3)
If an animal wags its tail and breaks utensils in Reshus ha'Nizak it is a Hezek of Regel and it pays Nezek Shalem.
If an animal wags its tail excessively and breaks utensils in Reshus ha'Nizak it is a Safek if it pays Nezek Shalem or Chatzi Nezek.
If a rooster flicks a string and causes damage the owner pays Chatzi Nezek.
If a string of Hefker gets caught on a rooster and causes damage the owner of the rooster is Patur. (4)
If a person ties a string to a rooster and it causes damage the person who tied the string is Chayav because it is his Bor.
An animal is Mu'ad to eat fruits and vegetables in the Reshus of the Nizak; if it eats clothing or utensils it is a Shinuy and it pays Chatzi Nezek.
If an animal eats food in the Reshus ha'Rabim it pays the amount that it benefited.
If a Chayah enters the Reshus of the Nizak and mauls an animal and eats the flesh it pays Nezek Shalem.
A cow that eats barley, or a donkey that eats leeks, a dog that licks oil, or a pig that eats flesh, in the Reshus of the Nizak it pays Nezek Shalem. (5)
A cat that eats dates or a donkey that eats fish pays Nezek Shalem because even though it only eats these things if it has nothing else to eat it is regarded as a usual damage.
If a donkey eats bread out of a basket and after eating the bread he chews on the basket it pays Nezek Shalem for the basket and Chatzi Nezek for the basket.
A BIT MORE
1. According to Sumchus it pays Nezek Shalem and according to the Rabanan it pays Chatzi Nezek.
2. If it is considered Tzeroros with a Shinuy and it pays a quarter Nezek according to the possibility that Tzeroros with a Shinuy is not the same as regular Tzeroros.
3. Even though Regel is Patur in Reshus ha'Rabim since the damage occurred in Reshus ha'Nizak it pays Chatzi Nezek.
4. Because the string is a Bor and a person is Patur for the Bor of his animal.
5. Even though these animals only eat these things if they have nothing else to eat it is still regarded as a normal way of eating and it is not a Shinuy.
A HUNGRY LION
If a Chayah enters the Reshus of the Nizak and mauls an animal before eating it pays Nezek Shalem. The Ri says that a Chayah is not Chayav for every type of damage that it causes; it is only Chayav for a Hezek that is usual for that type of animal such as a lion to devour an animal or for a wolf to maul an animal before eating it. However if an animal damages in an unusual way for that animal such as a lion that mauls an animal before eating it is a Shinuy and it only pays Chatzi Nezek. A snake is Chayav Nezek Shalem for biting, even though it does not benefit from the damage, nevertheless since it is usual for a snake to bite it is regarded as a Hezek of Regel and it is Patur in Reshus ha'Rabim.
If an animal kicks in Reshus ha'Nizak and pebbles shoot out and cause damage it pays a quarter Nezek because it is Tzeroros with a Shinuy. If the Nizak grabs Chatzi Nezek we don't take it from him. Even if it is walking in a place that it is impossible for it not to cause pebbles to shoot out and it kicks and pebbles shoot out it pays a quarter Nezek and if the Nizak grabs Chatzi Nezek we don't take it from him. We mentioned previously that some opinions hold that Tefisah does not help in a case of Safek Dina. (Shulchan Aruch CM 390:7)
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