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BAVA KAMA 32

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PAST DEDICATION
BAVA KAMA 32 - dedicated in memory of Nachum ben Shlomo Dovid Mosenkis Z"L in honor of his 69th Yahrzeit on 23 Teves 5769. Sponsored by his son, Shlomo Dovid (Sid) ben Nachum Mosenkis of Queens N.Y., and family.

SUMMARY

If a person is carrying a beam and someone is walking behind him with a jug if the 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. (1)
 
If a person is carrying a jug and someone is walking behind him with a beam if the beam breaks the jug he is Chayav.
 
If the person carrying the jug stops walking and the beam breaks the jug he is Patur, but if he warned the person carrying the beam to stop he is Chayav.
 
If a husband damages his wife during Tashmish he is Chayav to pay.
 
If an animal that is walking normally kicks an animal that is crouching in Reshus ha'Rabim it is Patur, but if the crouching animal kicks the other animal it is Chayav.
 
If one person is running in Reshus ha'Rabim and the other is walking, or if both are running and they run into each other they are Patur for damages.
 
Isi Ben Yehudah holds that if one of them is running and the other is walking the one who is running is Chayav to pay for damages.
 
Isi Ben Yehudha admits that if the one who is running is doing so on Erev Shabbos at twilight he is Patur because he is running with Reshus in order to be Mekabel Shabbos.
 
R. Chanina says let us go out toward the Kalah Malkesa and R. Yanai wrapped himself on his cloak and was Mekabel Shabbos with the word Bo'i Kalah, Bo'i Kalah.
 
If someone is chopping wood in a Reshus ha'Yachid and a piece of wood flies out and damages in Reshus ha'Rabim he is Chayav.
 
If he is chopping wood in Reshus ha'Rabim and causes damage in a Reshus ha'Yachid or from one Reshus ha'Yachid to another Reshus ha'Yachid he is also Chayav.
 
If someone enters the workshop of a carpenter without permission and a splinter strikes him and he dies the carpenter is Patur from Galus.
 
It is a Machlokes if the carpenter must pay four payments if he is injured, but everyone agrees that he is Patur from Boshes. (2)
 
If he entered the workshop with permission and he is hit by a splinter everyone agrees that the carpenter must pay four payments if he is injured.
 
It is a Machlokes if the carpenter is Chayav Galus if the person dies.
 
If the Shali'ach Beis Din strikes a person who is Chayav Malkus one extra time and the person dies he is Chayav Galus.
 
The Gadol of the judges reads the Pesukim while a person receives Malkus, the second greatest judge counts out the Makos and the third greatest says to hit him.
 
If someone knocks down his wall into a garbage dump during the day that is used at night for a bathroom and during the day it is only used on occasion if someone is killed he is Chayav Galus.
 
If an apprentice enters the workshop of the coppersmith and he is told to leave and he didn't leave and sparks fly out and kill him the coppersmith is Patur from Galus. (3)

A BIT MORE

1. When he stopped walking the beam was stretched out across the Reshus ha'Rabim and the person carrying the jug could not avoid him and therefore he is Chayav.
 
2. Everyone agrees that he must pay Nezek because it is Adam ha'Mazik and Adam ha'Mazik is Chayav even for an Ones. Everyone also agrees that he is Patur from Boshes because the Chiyuv of Boshes is only if he caused the damage intentionally.
 
3. The coppersmith is Patur because he was certain that his apprentice would listen to him when he told him to leave. However, if anyone other than the apprentice entered the workshop with permission of the coppersmith he is Chayav Galus even if he told him to leave because with regards to anyone other than the apprentice he could not have been certain that his words will be heeded.

BRIEF INSIGHT

SHABBOS THE QUEEN
 
R. Chanina says lets us go out toward the Kalah Malkesa and some say toward Shabbos Kalah Malkesa. R. Yanai wrapped himself on his cloak and was Mekabel Shabbos with the word Bo'i Kalah, Bo'i Kalah. The Maharsha explains that Shabbos is called a Kalah to Yisrael because the Midrash states that Shabbos complained to Hashem Yisbarach that every day has a mate accept for me and Hashem responded that Klal Yisrael will be your mate. On Erev Shabbos in the afternoon Shabbos is like a Kalah on its way to the Chupah and upon the entry of Shabbos it is akin to a Nesu'ah to Yisrael. Shabbos is also called Malkesa because it is a mate of Yisrael and all of Klal Yisrael are regarded as Bnei Melachim.

QUICK HALACHAH

RESTING IN THE RESHUS HA'RABIM
 
If a person is carrying a jug and someone is walking behind him with a beam if the beam breaks the jug he is Chayav. If the person carrying the jug stops walking in order to rest he is Patur, but if he warned the person carrying the beam to stop he is Chayav. If he stopped to adjust his load the person with the beam is Chayav even though he did not warn him and the same Din is true if one is carrying a candle and the other is carrying flax. (Shulchan Aruch CM 379:3)

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