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|BAVA KAMA 21 - Dedicated by Andy & Nancy Neff in memory of Leah Miriam bat Yisroel who passed away on 14 Sivan 5767 -- Lucy Rabin, beloved wife of Sidney Rabin and mother of Nancy Neff and Valerie, Doug and Andy Rabin. |
BAVA KAMA 21-25 - 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.
R. Huna says that if a person benefits from the property of his friend without his permission he is Patur. (1)
If someone rents a house from one person and it turns out that it belongs to someone else he must pay rent to the real owner if the house is normally rented out.
If a person does not normally rent out his house, but he uses it for storage it is a Machlokes if a person who lives there without permission must pay for rent. (2)
If an animal turns its head and eats from the side of the Reshus ha'Rabim according to Rav it is Chayav, while according to Shmuel it is Patur.
If an animal eats from the entrance of a store without turning its head such as the store in a corner next to the Reshus ha'Rabim it is Patur but if it eats from inside the store it is Chayav.
According to the second Lashon both Rav and Shmuel agree that if an animal turns its head and eats from the side of the Reshus ha'Rabim it is Chayav.
The Machlokes between Rav and Shmuel according to the second Lashon is when the Nizak pushed back his house away from the Reshus ha'Rabim and he placed fruit between his house and the Reshus ha'Rabim. (3)
Ilfa says that if an animal eats off the top of another animal in Reshus ha'Rabim it is as if it ate in the Reshus ha'Nizak and it is Chayav.
R. Oshiya says that if an animal jumps up to eat something it is unusual Hezek and it is a Toldah of Keren and it pays Chatzi Nezek.
If a dog or a goat jump off a roof and break utensils in the Reshus ha'Nizak it pays Nezek Shalem.
If a dog or a goat falls off the roof and breaks utensils it is Patur. (4)
If the fence on the roof is very narrow even of the dog or goat fall off the roof and break utensils it is Chayav.
It is a Machlokes if a person is Chayav for an Ones if he was negligent at first and it was subsequently damaged by means of an Ones.
A BIT MORE
1. The owner does not usually rent out his house so he is not losing anything and therefore the person who lived there is Patur even if he normally pays for rent.
2. According to Rav the reason why a person is usually Patur if he lives in his friend's house without permission is because an abandoned house gets ruined, but in this case since he is storing things there it will not get ruined and therefore the person who is living there must pay. According to R. Yosef the reason why a person is usually Patur if he lives in his friend's house without permission is because the resident normally fixes up the house somewhat and therefore he is benefiting the owners and in this case as well he is benefiting the owner and he is Patur from rent.
3. According to Rav it is Patur even though the fruit is in the Reshus of the Nizak because he can say that he should not have placed his fruit so close to the Reshus ha'Rabim and Shmuel holds that it is Chayav since the produce is in the Reshus of the Nizak.
4. According to the opinion that if a person is negligent at first and subsequently damages by means of an Ones he is Chayav he would normally be Chayav even if it fell since he was negligent allowing the dog on the roof because of the possibility that the dog will jump off but in this case he is Patur because the utensils were next to the wall and would not have been damaged if the dog would have jumped off.
AN ABANDONED HOUSE
Rav says that if a person benefits from the property of his friend without his permission he is Patur because he is benefiting his friend since an abandoned house gets ruined while Rebbi Yosi says that he is Patur because the resident normally fixes up the house somewhat. The Maharam explains that even without these reasons the Halachah is that someone who benefits from the property of his friend without his permission is Patur. However, in a case where he causes his friend a slight loss he is Chayav, such as if it was a new house and he blackened the walls he is Chayav to pay. However, if he benefited his friend somewhat such as that he fixes up the house or that he is settling an abandoned house and protects it from being ruined that makes up for the loss that was incurred as a result of the blackening of the walls and he is Patur.
PAYING FOR RENT
If someone lives in his friend's property without permission and his friend ordered him out and he refused to leave he must pay rent. However, if his friend did not order him out if the property was not up for rent he is Patur. Even if he threw the owner out and lived there instead of him he is Patur. Even if the owner normally rents it out but right now he is not renting it out he is Patur because we go by what he is doing right now. Even though the person living there normally pays for rent he is Patur because it is a case where one person is benefiting and the other person is not losing. (Shulchan Aruch CM 363:6)
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