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BAVA KAMA 28

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PAST DEDICATION
BAVA KAMA 28-29 - 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

If an ox belonging to one person jumped an ox belonging to a second person if he pulls out his ox from underneath he is Patur for any injuries that is incurred to the ox that attacked.
 
If he pushes the attacking ox he must pay for the injuries that are incurred because he should have pulled out his ox instead.
 
If someone fills the courtyard of his friend with jugs the owner of the courtyard may break the jugs on his way in and out. (1)
 
If an Eved Nirtza refuses to leave his master at the Yovel and his master injures him in the process of convincing him to leave he is Patur. (2)
 
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.
 
A Shali'ach Beis Din who causes someone embarrassment while carrying out his duties is Patur from Boshes.
 
If a public road cuts through a person's property and he gives them another road in its place both roads now belong to the public because once the public is Machzik on a road it is forbidden to take it back. (3)
 
If a person leaves Pe'ah one side of the field and the poor people take Pe'ah from the other side he may take back the Pe'ah and it is Patur from Ma'aser. (4)
 

 
If someone is Mafkir his vineyard and takes it back the next day he is Chayav in Peret, Olelos Shichechah and Pe'ah but it is Patur in Ma'aser.
 
If someone breaks a jug in the Reshus ha'Rabim and someone slips on the water or is injured on the pieces he is Chayav; Rebbi Yehudah holds he is only Chayav if it was intentional.
 
Rav says that if utensils are dirtied from the water of the jug he is Chayav but if the Nizak slips on the water and injures himself on the ground he is Patur. (5)
 

 
Shmuel says that if utensils are dirtied from the water he is Patur but he is Chayav if the Nizak slips on the water and injures himself on the ground. (6)
 
If a person is killed in the Bor it is Patur but if he is injured in the Bor it is Chayav.
 
If a stone, knife, or package is left in the Reshus ha'Rabim it has the Din of a Bor.
 
Rebbi Yehudah holds that Bor is Chayav for Kelim.
 
If someone leaves a stone in the Reshus ha'Rabim and someone slips on the ground and is injured on the stone according to the Rabanan it is Patur while according to R. Nasan it is Chayav. (7)

A BIT MORE

1. According to the opinion that a person may not take the Din in his own hand unless it is a situation of monetary loss he only may break the jugs on his way to and from Beis Din.
 
2. According to the opinion that a person may not take the Din in his own hand unless it is a situation of monetary loss the servant was refusing to leave his maidservant wife and an Isur is the same as a monetary loss.
 
3. He may not take for himself the original road because we do not allow him to exchange the road because of the concern that the new road is out of the way or he may give an out of the way road the next time or because every road is out of the way for some people depending on where they live.
 
4. Hefker is Patur from Ma'aser and since he originally left it for Pe'ah it is regarded as Hefker and even though he took it back it is Patur from Ma'aser.
 
5. Since he was injured on the ground and not from the water it is considered Gerama and he is Patur, however he is Chayav for the dirtied clothing even though Bor is Patur for Kelim because according to Rav a Bor that is not Hefker is regarded as a Shor and Shor is Chayav for Kelim.
 
6. Shmuel holds that even a Bor that he was not Mafkir is regarded as a Bor not a Shor and therefore he is Patur for Kelim
 
7. R. Nasan holds that if an ox pushes an animal into a Bor whatever cannot be collected from the ox is collected from the Bor therefore in this case as well even though the ground contributed toward the Hezek the entire Nezek may be collected from the Bor.

BRIEF INSIGHT

TAKING THE DIN IN HIS OWN HANDS
 
Everyone agrees that in a case of monetary loss that a person may take the Din in his own hands. The Rosh says that a person may only take the Din in his own hands if he can prove that if he takes him to Din it will be decided in his favor but if not he has no right to take the Din in his own hands. Even if he is certain that the Din will be decided in his favor he may only may take the Din in his own hands if his friend has in his possession an object that was stolen from him, but if his friend borrowed money from him he may not force him to repay the loan because even the Shali'ach Beis Din may only force him in the market but he may not enter his house and the lender may not force him even in the market.

QUICK HALACHAH

DERECH HA'RABIM
 
If a public road cuts through a person's field if he takes the road and gives them another road the road he gave then he cannot take back and the road that he took he must give back. It is forbidden to ruin a property that the public was Machzik in. (Shulchan Aruch CM 377:1)

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