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BAVA KAMA 3

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SUMMARY

The Mazik of Shen is Chayav even if the crops are not completely destroyed. (1)
 

 
The Mazik of Regel is Chayav whether it was sent by the owner or it went by itself.
 
The Toldos of Shen are if an animal scratched itself on a wall and caused it to topple of it ruined produce by rolling in it.
 
The Toldos of Shen are Chayav just like Shen because the animal derives benefit and it is the possession of the owner and it is his responsibility to guard it.
 
The Toldos of Regel are if an animal causes damage while it is moving with its body, or with its hair, or with its pack, or with its bit in its mouth, or with the bell on its neck
 
The Toldos of Regel are Chayav just like Regel because it is a common damage just like Regel and the animal is in the possession of the owner and it is his responsibility to guard it.
 
A pit ten Tefachim deep is an Av Melachah if the animal dies in the pit a pit nine Tefachim deep is an Av Melachah if the animal is injured. (2)
 
If someone places an object in a Reshus ha'Rabim and he is Mafkir it he is Chayav for Bor.
 
If he is not Mafkir the object according to Shmuel he is Chayav for Bor, while according to Rav he is Chayav for Shor.
 
The Toldos of Bor are Chayav just like Bor because it is a Mazik from the start just like Bor and it is his money and his responsibility to guard it.
 
Shmuel holds that Mav'eh is Shen and Rav holds that Mav'eh is Adam.
 
An Adam who causes damage is always a Mu'ad whether he is awake or sleeping or Shogeg or Mezid.
 
If a person spits and it causes damage while it is moving it is the Ko'ach of the person and he is Chayav.
 

 
If a person leaves an object on the roof and it blows off in a routine wind and causes damage while it is moving it is a Toldah of Esh. (3)
 
The Toldos of Esh are Chayav just like Esh because an outside force is involved and it is in the possession of the owner and it is his responsibility to guard it.
 
If Tzeroros (pebbles) shoot out from under the foot of an animal while it is moving and causes damage the owner pays half damages. (4)
 

 
It is a Machlokes if Tzeroros is paid from the Guf (body) of the animal or it is paid from Aliyah (from the possessions of the owner). (5)

A BIT MORE

1. For example the animal ate produce that will grow back but not to its original size.
 
2. If the animal dies in a pit less than ten Tefachim deep the person who dug the pit is Patur.
 
3. However, if it blows off in an unusually strong wind he is Patur.
 
4. Even though it is a Toldah of Regel and Regel pays full damages the Halachah l'Moshe mi'Sinai teaches us that Tzeroros is an exception.
 
5. However everyone agrees that Tzeroros is Patur in Reshus ha'Rabim just like Regel

BRIEF INSIGHT

REGEL IN RESHUS HA'RABIM
 
The Gemara says that Regel is Patur in Reshus ha'Rabim and the Rif explains that it the reason why Regel is Patur in Reshus ha'Rabim is because it is usual for an animal to walk in Reshus ha'Rabim. The Rosh explains that the significance of the reason that the Rif gives is that if there is a piece of wood that is half in Reshus ha'Yachid and half in Reshus ha'Rabim and the animal steps on the wood in Reshus ha'Rabim and causes damage in Reshus ha'Yachid the owner is Patur because the animal caused the damaged while it is walking in Reshus ha'Rabim which is usual for the animal. The Shiltei Giborim says that it is for that reason that the Rif fails to bring the Gemara later on that states if an animal kicks pebbles from the Reshus ha'Rabim into the Reshus ha'Yachid the owner is Chayav because the Halachah is not like that Gemara.

QUICK HALACHAH

CHATZI NEZEK TZEROROS
 
Every Toldah of Regel shares the same Din as Regel except for Tzeroros; even though Tzeroros is Patur in Reshus ha'Rabim just like Regel and if it causes damage in Reshus ha'Yachid owner must pay for the damages from the best of his property just like Regel, however he only pays half damages. What is the case? If an animal enter into the property of the Nizak and pebbles shoot out from under its foot and causes damage, the owner pays half damages from the best of his property; this is a Halachah l'Moshe mi'Sinai. (Shulchan Aruch CM 390:3)

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