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BAVA KAMA 29

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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 a person places a stone, knife, or package on top of a roof and it flies off in a regular wind and causes damage the owner is Chayav.
 
If jugs are placed on top of a roof and it flies off in an unusually strong wind and causes damage the owner is Patur.
 
If a person slips in a Reshus ha'Rabim and his jug breaks and the shards or the liquid cause damage R. Meir holds that the owner is Chayav and Rebbi Yehudah holds that he is Patur. (1)
 
R. Meir holds that someone who is Mafkir his Bor is Chayav for damages that are caused by his Bor and Rebbi Yehudah holds that he is Patur. (2)
 
If someone travels with his camel on a flooded path and the camel slips and causes damage if there was no alternate road it is an Ones and he is Patur and if there is an alternate road he is negligent and he is Chayav.
 
If a person slips causing his camel to slip and the camel causes damage according to R. Meir he is Chayav while Rebbi Yehudah holds that he is Patur.
 
R. Yochanan says that according to Rebbi Yehudah if someone is Mafkir his utensil after he broke it accidentally in Reshus ha'Rabim he is Patur, but if he is Mafkir it after he broke it deliberately he is Chayav for any damages that it causes.
 
R. Yishmael says that two things are not in the possession of a person and the Torah regards it as if it is in your possession; a Bor in Reshus ha'Rabim and Chametz on Erev Pesach after the sixth hour. (3)
 
If someone uncovers a Bor in Reshus ha'Rabim and subsequently puts the cover back it is not regarded as his Bor.
 
If someone fills up a Bor in Reshus ha'Rabim and digs it again it is now regarded as his Bor and he is Chayav for nay damages that are caused.
 
If someone picks up an object from Reshus ha'Rabim less than three Tefachim and than puts it back in its original place if his intention is to be Zocheh it is his Bor.
 
If someone places thorns or glass in Reshus ha'Rabim, or if his fence fell in Reshus ha'Rabim, or is he made a fence of thorn and the thorns were sticking out into the Reshus ha'Rabim and it causes damage he is Chayav.
 
R. Yochanan says that if he made a fence of thorns and the thorns were not sticking out into the Reshus ha'Rabim he is Patur for damages because it is not usual for people to rub against a wall.
 
If someone digs a well in Reshus ha'Rabim and an animal falls in and dies he is Chayav.

A BIT MORE

1. R. Meir holds that someone who slips is considered negligent, while Rebbi Yehudah holds that he is not considered negligent.
 
2. According to this opinion R. Meir holds that the Bor mentioned in the Torah is a Bor in Reshus ha'Rabim that is Hefker and even so he is Chayav, while Rebbi Yehudah holds that the Bor mentioned in the Torah is a Bor in Reshus ha'Yachid next to the Reshus ha'Rabim but a Bor is Reshus ha'Rabim that is Hefker is Patur.
 
3. R. Yishmael holds that a Bor in Reshus ha'Rabim is Chayav even though the owner was Mafkir it and a person who did not dispose of his Chametz by the sixth hour of the day
 
on Erev Pesach transgressed the prohibition of not having Chametz in his Reshus even though it is forbidden for him to derive any benefit from his Chametz after the sixth hour of the day.

BRIEF INSIGHT

A BROKEN JUG
 
If a person slips in a Reshus ha'Rabim and his jug breaks and someone is hurt on the shards or from the liquid R. Meir holds that the owner is Chayav and Rebbi Yehudah holds that he is Patur. The Nimukei Yosef if the person if the shards fly into the person he is Chayav even according to Rebbi Yehudah because an Adam ha'Mazik is Chayav even for an Ones, he is only Patur if the Nizak runs into the shards and therefore the Chiyuv is of Bor not of Adam ha'Mazik and he is Patur for an Ones.

QUICK HALACHAH

CHAMETZ ON EREV PESACH
 
Chametz is forbidden b'Hana'ah Min ha'Torah from the sixth hour of the day on Erev Pesach and it is even forbidden to benefit from the Chametz of a Nochri from that time but the Chachamim prohibited it two hours earlier. (Shulchan Aruch OC 443:1)
 
The Chachamim prohibit Chametz from the fourth hour because they are concerned that on a cloudy day a person could get confused regarding the time of the day. (Mishnah Berurah)

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