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BAVA KAMA 23

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PAST DEDICATION
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.

SUMMARY

According to R. Yochanan who holds that Esh is Chayav as if it was your arrow it is Chayav even for concealed items. (1)
 
R. Yochanan agrees with Reish Lakish and holds that Esh is Chayav for Mamon if your fence fell down after you lit the fire and you should have fixed it before the fire spread and you failed to do so. (2)
 
According to R. Yochanan who holds that Esh is Chayav as if it was your arrow if the Esh injures a person the Baal ha'Esh is Chayav four payments. (3)
 
If a dog takes a biscuit with a hot coal and sets a fire with it the owner of the dog is Chayav but the owner of the biscuit is Patur if he guarded the coal. (4)
 
If an animal eats food in the courtyard that does not belong to the Nizak it is Patur.
 
It is a question if the mouth of an animal is considered the Reshus of the Nizak or the Reshus of the Mazik.
 
If a person incites someone's dog to attack someone the inciter is Patur.
 
If someone puts the fangs of a snake on a person's skin and the snake bites the person and dies according to Rebbi Yehudah the person is Chayav Misah. (5)
 
The Chachamim hold that the person is Patur from Misah and the snake is Chayav Misah. (6)
 
If a person enters his friend's Reshus without permission and he is gored and killed by his friend's ox his friend is Patur from Kofer but the ox is Chayav Misah. (7)
 
If a person is delaying the slaughtering of his goats until the day of the Shuk if his goats are causing damage we warn him 2 or 3 times and if the damage continues we force him to slaughter the animals immediately.
 
According to Rebbi Yehudah a Mu'ad is an animal that gored on three different days and it becomes a Tam again if it passes other animals on three different days without goring them.
 
According to R. Meir a Mu'ad is an animal that gored on three different occasions and it becomes a Tam again if children play with it and it does not gore.

A BIT MORE

1. Although Esh is Patur for concealed items, however if it is your arrow it is Adam ha'Mazik and it is Chayav for all damages.
 
2. Since at the time that you lit the fire the fence was up and the fire could not have spread in a neighboring field, if the fence falls down the fire is no longer considered your arrow and you are only Chayav for Mamon ha'Mazik if you were negligent by not fixing the fence before the fire spread.
 
3. Esh is considered Mamon ha'Mazik and he is Chayav for Nezek, Tza'ar, Ripuy and Sheves but not for Boshes because the Chiyuv of Boshes is only if the Hezek was done deliberately.
 
4. The coal was guarded but the dog dug under the fence in order to get to it. Even though the dog dug in order to get to the coal it is not considered an unusual Hezek because it is normal for a dog to dig its way under a fence.
 
5. Rebbi Yehudah holds that the venom is between the teeth of the snake and therefore the snake is like a knife in the hands of the person and he is regarded as a murderer and he is Chayav Misah.
 
6. The Chachamim hold that the venom is bought up to its mouth by the snake so the person is only a Gerama and he is Patur and instead it is the snake that killed him, and therefore the snake is Chayav Misah.
 
7. Even though it is in the Reshus of the Mazik the ox is Chayav Misah because with regards to Misah there is no Ptur of Reshus ha'Mazik.

BRIEF INSIGHT

A FORGETFUL PERSON
 
According to R. Yochanan who holds that Esh is Chayav as if it was your arrow if the Esh injures a person the Baal ha'Esh is Chayav four payments. The Nimukei Yosef asks why is Esh Chayav for four payments. It is not a deliberate Hezek! How is it different than someone who placed a stone on his lap and he forgets about it and when he stands up it flies out and causes damage? In that case he is Patur from four payments? The Nimukei Yosef answers that he is not considered negligent when the stone flies out because when he originally placed it there he is not yet responsible for guarding it since he is not yet planning to get up and in the meantime he forgot about it and forgetting something is considered an Ones. However, regarding a fire that he lit he is considered negligent for allowing it to get out of control. Similarly, if a person is busy and he pushes off Davening until later and later on he forgets to Daven it is considered an Ones and he may make up the Tefilah at the next Tefilah.

QUICK HALACHAH

ESH IS AN ARROW
 
If an Esh spreads and causes an injury to a person the Ba'al ha'Esh is Chayav to pay Nezek, Tza'ar, Ripuy, Sheves and Boshes as if he injured him with his own hands. Even though Esh is your Mamon it is as if it is your arrow; but only if the Esh was capable of spreading to that place at the time that the fire was lit. (Shulchan Aruch CM 418:17) The Ba'al ha'Esh is Chayav Misah if the fire burns someone to death. (Sma in the name of the Tur)

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