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BAVA KAMA 26

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PAST DEDICATION
BAVA KAMA 26 (27 Teves) - Dedicated in honor of the memory of Hagaon ha'Gadol Rav Pinchas Hirschprung, well-known and much loved Rav of Montreal, Talmid of Hagaon Rav Meir Shapiro (founder of the Dafyomi cycle), on the day of his Yahrzeit. Dedicated by his son, Rav Yitzchak Hirschprung, may he be blessed with long years and all that he needs.

SUMMARY

Only Keren pays Chatzi Nezek and not Shen or Regel.
 
Keren pays Chatzi Nezek in Reshus ha'Rabim while Shen and Regel are Patur in Reshus ha'Rabim.
 
A Shor that kills a person pays Kofer, but a person who kills does not pay Kofer.
 
A person who injures his friend pays four payments (besides Nezek), while an ox that injures a person only pays Nezek.
 
If an ox gores and kills a person in the Reshus of the Nizak the owner of the ox pays Kofer Shalem whether it is a Tam or Mu'ad according to R. Tarfon and the Shor is stoned to death. (1)
 
Rebbi Yosi ha'Glili holds that a Tam that kills a person pays Chatzi Kofer.
 
Esh is Patur from paying for concealed objects and Bor is Patur from paying for utensils.
 
An animal that kills a person with the Hezek of Regel in the Reshus ha'Nizak pays Kofer.
 
A person is always a Mu'ad whether he is Shogeg or a Mezid, awake or sleeping
 
If a person blinds his friend or breaks his utensils he pays Nezek Shalem
 
A person who injures his friend b'Shogeg only pays Nezek but not the four payments.
 
A person who causes pain to his friend must pay Tza'ar even in a situation that he also must pay Nezek.
 
If a person is not aware that a stone is on his lap and when he stands up it flies out and causes damage he pays only Nezek but not the four payments. (2)
 
If the stone flies out on Shabbos he is Patur from bringing a Chatas because it is not a Meleches Machsheves (deliberate act). (3)
 
If the stone flies out and kills someone he is Patur from Galus. (4)
 
If the stone flies out and blinds his servant it is a Machlokes between R. Shimon Ben Gamliel and the Rabanan if the servant goes free.
 
If a master is a doctor or a dentist and he blinds his servant or knocks out his tooth unintentionally during a procedure the Chachamim hold that the servant goes free, while R. Shimon Ben Gamliel argues. (5)
 
If a person puts a stone is on his lap and forgot about it and he stands up and it flies out and kills someone he is Chayav Galus. (6)
 
If a person intends to throw a stone two Amos and it travels four Amos and it kills someone he is Chayav Galus. (7)
 
If a person intends to throw a stone four Amos in Reshus ha'Rabim on Shabbos and it travels eight Amos if he announces that I don't care where it lands he is Chayav a Chatas. (8)
 
Rabah says if someone throws his utensil off a roof and while it is in the air someone comes along and breaks it he is Patur.
 
If someone throws a utensil off a roof and there are cushions underneath it and someone removes the cushions causing the utensil to break he is Patur. (9)
 
If someone throws a child off a roof and a person stabbed the child with a sword before he hit the ground according to the Rabanan he is Patur, while Rebbi Yehudah Ben Beseira holds he is Chayav

A BIT MORE

1. Just as R. Tarfon holds that a Shor Tam in the Reshus of the Nizak pays Nezek Shalem so too he holds that a Shor Tam that kill a person in the Reshus of the Nizak pays Kofer Shalem.
 
2.. The four payments are not paid since the damage was done b'Shogeg
 
3.. A person is only Chayav a Chatas for doing a Melachah on Shabbos if he intentionally does a Melachah because he thinks that today is a weekday or that the particular Melachah that he is doing is permitted on Shabbos, but if the Melachah is not done intentionally he does not bring a Chatas.
 
4. A person is only Chayav Galus if he was aware at one point that he was holding the device that caused the unintentional death.
 
5. R. Shimon Ben Gamliel holds that the servant only goes free if the master deliberately blinds him, or deliberately knocks out his tooth.
 
6. Regarding all of the other Dinim there is no difference whether he was aware that stone was there and he forgot about it or if he was not aware that it was there in the first place.
 
7. Regarding all of the other Dinim it is the same as the previous cases
 
8. Since he does not care where it lands it is a Meleches Machsheves and he is Chayav. However, in the case where he intended to throw it two Amos and it went four Amos even if he does not care where it lands he is Patur because it is only a Melachah if it is thrown at least four Amos in Reshus ha'Rabim
 
9. Even if the person who threw the utensil off the roof removed the cushions before the utensil landed he is Patur because at the time that he threw the utensil it would not have broken and removing the cushions is Gerama.

BRIEF INSIGHT

BAD JUDGE OF DISTANCE
 
If a person intends to throw a stone two Amos in a Reshus ha'Rabim on Shabbos and it travels four Amos he is Patur because it is not a Meleches Machsheves. However, if he thought that the distance of his throw was two Amos and it turned out to be four Amos he is Chayav a Chatas and if he injures someone he is Chayav four payments besides Nezek and if he blinds his servant he goes out free even according to R. Shimon Ben Gamliel. (Me'iri)

QUICK HALACHAH

BREAKING A BROKEN KLI
 
If someone throws a utensil off a roof and there are cushions underneath it and if it falls it will not break, if someone removes the cushions he is Chayav, however some opinions hold that it is Gerama and he is Patur. If someone throws a utensil off a roof and there are no cushions underneath it and while it is in the air someone breaks the utensil the person who threw the utensil is Chayav and the person who broke it is Patur because it is regarded as broken from the time it was thrown. (Shulchan Aruch CM 386:3, 4)

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