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BAVA KAMA 31

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PAST DEDICATION
BAVA KAMA 31 - dedicated by Dr. Moshe and Rivka Snow in memory of Rivka's mother, Rebbetzin Leah bas Rav Yosef (Rabinowitz), the Manostrishtcher Rebbetzin, whose Yahrzeit is 15 Teves.

SUMMARY

If two potters are walking in Reshus ha'Rabim and one of them slips and falls and the other potter trips over him the first potter is Chayav for the damage to the second potter.
 
R. Yochanan says that even according to Rebbi Yehudah who holds that slipping is an Ones the first potter is Chayav because he should have gotten up before the second potter fell over him. (1)
 
R. Nachman Bar Yitzchak says that the first potter is Chayav even if he did not have a chance to get up because he should have warned the second potter. (2)
 
If a person is carrying a beam in the Reshus ha'Rabim and someone is walking behind him with a jug, if jug breaks from the beam he is Patur.
 
If the person carrying the beam stops walking and the jug breaks from the beam he is Chayav. (3)
 
If potters or glass makers are walking one after the other in Reshus ha'Rabim and the first person slips and falls and the second person trips over him and the third person trips over the second person the first person is Chayav for the damage to the second person and the second person is Chayav for the damage to the third person.
 
If they warned each other after they fell they are Patur for the damages.
 
The first person who fell is Chayav whether the second person trips over his body or over his wares that fell from his hands into the Reshus ha'Rabim. (4)
 
The second person who tripped and fell is Chayav only if the third person trips over his body, but if he trips over his wares that fell from his hands he is Patur because that which he fell is an Ones and a Bor is Patur if it is an Ones. (5)
 
If the first person falls and is sprawled across the width of the Reshus ha'Rabim and both the second person and the third person trip over the first person he is Chayav for the damage to both of them.
 
If twp people are walking in the Reshus ha'Rabim and one of them is carrying a jug and the other one is carrying a beam if the jug breaks from the beam he is Patur.

A BIT MORE

1. However if he did not have a chance to get up before the second potter fell he is Patur.
 
2. R. Yochanan holds that since he didn't have a chance to get up he also didn't have a chance to warn the other potter because he is occupied.
 
3. According to R. Yochanan he is only Chayav if he stops to rest because it is unusual to rest in the Reshus ha'Rabim, but if he stops to adjust the beam he is Patur because he is not doing anything unusual and he is not obligated to warn the other person, but R. Nachman Bar Yitzchak holds that even if he stops to adjust his beam he is Chayav because he should have waned the other person.
 
4. If the second person trips over his body it is Adam ha'Mazik and he is Chayav for everything and if the second person tips over his wares it is Bor and it is Patur for utensils if he was Mafkir the Bor but if he wasn't Mafkir the Bor it is a Shor according to Rav and he is Chayav for utensils, while according to Shmuel it is a Bor even if he wasn't Mafkir it.
 
5. Since he tripped over the first person it is an Ones but he is Chayav if the third person trips over his body because it is Adam ha'Mazik and Adam ha'Mazik is Chayav for Onsim; he is Patur if the second person trips over his wares because it is a Bor and it is Patur if it is an Ones.

BRIEF INSIGHT

ADAM HA'MAZIK
 
If someone trips over one person and a third person trips over the second person he is Chayav only if the third person trips over his body, but if he trips over his wares that fell from his hands he is Patur because that which he fell is an Ones and a Bor is Patur if it is an Ones. The Rosh asks why is the second person Chayav if the third person trips over his body? He is an Ones and an Adam ha'Mazik is Patur for a complete Ones. The Rosh answers that according to R. Meir who holds that someone who slips is regarded as negligent if someone trips over another person even though it is not complete negligence however there is some negligence involved and when that is combined with the Sevara that he should have gotten up it is enough to give his body the Din of an Adam ha'Mazik.

QUICK HALACHAH

CLUMSY POTTERS
 
If potters or glass makers are walking one after the other in Reshus ha'Rabim and the first person slips and falls and the second person trips over him and the third person trips over him, if both of them has a chance to get up the first person is Chayav for the injuries to the second person, whether he fell over his body or his packages; while the second person is only Chayav if the third person tripped over his body. But if he tripped over his packages he is Patur because he can say I didn't dig this Bor but rather the first person caused me to fall together with my package. If they warned each other they are Patur. (Shulchan Aruch CM 413:2)

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