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BAVA KAMA 27

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SUMMARY

If ten people hit a person one after the other and he dies according to Rebbi Yehudah Ben Beseira the last person to hit him is Chayav because he hastened his death.
 
If someone throws a child off a roof and a Shor Mu'ad gored the child and kills the child according to the Rabanan it is Patur from Kofer, while according to R. Yishmael the son of Berokah it is Chayav. (1)
 
The Rabanan hold that the Kofer that a Shor pays when it kills a person is the value of the Nizak, while according to R. Yishmael the son of Berokah it is the value of the Mazik.
 
If someone falls off a roof onto a woman he is Chayav for four payments (besides Boshes) and if she is his Yevamah he is not Koneh. (2)
 
He is Patur from Boshes because the Chiyuv of Boshes in only if it is intentional.
 

 
If someone falls off a roof in a strong wind and injures someone he pays Nezek but not four payments, if he falls in a mild wind he is Chayav for four payments but he is only Chayav Boshes if he turns in midair and deliberately falls on the person
 
If someone deliberately causes damage he is Chayav to pay Boshes even though he did not deliberately try to embarrass the person. .
 
If someone places a coal on someone's heart he is Patur, but if he places it on his clothing he is Chayav. (3)
 
If a person holds someone in a fire or in the water and does not allow him to escape and he dies he is Chayav Misah.
 
If a person pushes someone in a fire or in the water and allows him to escape and he dies he is not Chayav Misah.
 
If someone tells his friend to tear his clothing or break his utensils he is Chayav but if he says on condition that you shall be Patur he is Patur.
 
If someone places a jug in the Reshus ha'Rabim and someone slips on it and breaks it he is Patur; if he is injured from the jug the owner is Chayav.
 
If one person is walking with his jug and another person is walking with a beam and the jug is broken from the beam he is Patur.
 
If someone spills out his wine in order to make room in his jug to save his friend's honey his friend only has to pay for his wages but not for the wine.
 
We don't follow the majority with regards to monetary issues.
 
If a person fills the entire Reshus ha'Rabim with jugs it is permitted to break them deliberately.
 
Rava says that it not usual for a person to pay attention when he is walking and therefore if he breaks a jug while he is walking he is Patur
 
If a person places a jug in Reshus ha'Rabim in the corner near the winepress if someone breaks the jug he is Chayav because it is usual to place a jug in there.
 
A Knas may not be collected outside of Eretz Yisrael. (4)
 
In a situation of a monetary loss a person may take the Din in his own hands.
 
In a situation that there is no monetary loss it is a Machlokes if a person a person may take the Din in his own hands.

A BIT MORE

1. According to the Rabanan Kofer is the value of the Nizak and since the child has already been thrown off the roof he has no value, while according to R. Yishmael the son of Berokah Kofer is the value of the Mazik and therefore even in this case there is a Chiyuv of Kofer. .
 
2. Even though if a Yavam has Bi'ah with his Yevamah b'Shogeg it is a valid Yibum, however it is only a Yibum if he intended for a Bi'ah even though he did not realize that it was his Yevamah but if he was not intending for a Nidah at all it is not a Yibum.
 
3. When he places a coal on someone's heart he expects it to be removed and therefore he is Patur and the same Din is true if he places the coal on the heart of a servant, however if he places a coal on someone's ox it has the same Din as if he placed it on his clothing.
 
4. Only judges with Semichah may collect a Knas and Semichah is only given in Eretz Yisrael.

BRIEF INSIGHT

TWILIGHT
 
Shmuel says that the Mishnah which states that a person who slips on a jug in the Reshus ha'Rabim and breaks it is Patur is only if it is broken in the dark, however during the daytime he is Chayav. The Korban Nesanel says that even in the twilight t he is Patur but if it is completely dark it is Pashut that he is Patur and therefore the Mishnah could not be referring to such a case. For that reason R. Yochanan explains the Mishnah differently and he says that the case of the Mishnah is that he the jug is around the corner because he holds that if it is only slightly dark that he is Chayav.

QUICK HALACHAH

A HOT COAL
 
If someone places a hot coal on his friend and he is burned he is Patur even if he was a\warned because he thought that it would be removed because it is unusual for a person top allow himself to be burned so that his friend will be Chayav to pay. However, if he places a hot coal on his friend's clothing he is Chayav to pay because the owner did not bother to remove it since he will be paid for the damages. A servant is the same as a person and an ox is the same as clothing. (Shulchan Aruch CM 418:18)

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