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BAVA KAMA 37

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PAST DEDICATION
BAVA KAMA 36-37 - 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

Orphans do not require a Pruzbul because R. Gamliel and his Beis Din are the fathers of the orphans. (1)
 
If an ox is a Mu'ad for its own type, but not for any other type of animal it pays Nezek Shalem for its own type and Chatzi Nezek for any other type.
 
If an ox is a Mu'ad for people but it is not a Mu'ad for animals it pays Nezek Shalem for people and Chatzi Nezek for animals.
 
If an ox is a Mu'ad for small animals but it is not a Mu'ad for large animals it pays Nezek Shalem for small animals and Chatzi Nezek for large animals.
 
If an ox is a Mu'ad for Shabbos but it is not a Mu'ad for weekdays it pays Nezek Shalem for Shabbos and Chatzi Nezek for weekdays. (2)
 
R. Zevid says that an ox that is a Mu'ad for one type of animal is also a Mu'ad for another type of animal unless the other type of animal passed in front of it and it did not gore.
 
R. Papa disagrees with R. Zevid and he holds that an animal that is a Mu'ad for its own type of animal is only a Mu'ad for that type and not for any other type.
 
If an animal is a Mu'ad for a person and animals and it did not gore animals three times when it had the opportunity it is now only a Mu'ad for people and not for animals.
 
Sumchus says that an ox that is a Mu'ad for a person is a Mu'ad for animals from a Kal va'Chomer, if it is a Mu'ad for a person it is certainly a Mu'ad for animals. (3)
 
If an animal gores an ox, donkey and camel it is a Mu'ad for all types of animals even according to R. Papa.
 
If an animal gores every other time it sees an ox it is a Mu'ad for oxen every other time.
 
If an ox sees an ox and gores, a donkey and does not gore, a horse and it gores, a camel and it does not gore, a mule and it gores, a wild donkey and it gores it is a Mu'ad for all animals every other time.
 
If an ox gores three oxen, a donkey and a camel it is a Safek if the ox is a Mu'ad only for oxen or for all animals. (4)
 
If an ox gores a donkey and a camel and then it gores three oxen it is a Safek if the ox is a Mu'ad only for oxen or for all animals. (5)
 
If an ox gores three times on Shabbos and twice during the week it is a Safek if it is a Mu'ad only for Shabbos or for all days of the week.
 
If an animal gores twice during the week and three times on Shabbos it is a Safek if it is a Mu'ad only for Shabbos or for all days of the week.
 
If an ox gores on the fifteenth of one month, on the sixteenth of the second month and on the seventeenth of the third month it is a Machlokes between Rav and Shmuel if it is a Mu'ad for the next day of every successive month. (5)
 
If a woman sees blood on the fifteenth of one month, on the sixteenth if the second month and on the seventeenth of the next month Rav holds that it is a Veses and Shmuel it is only a Veses if she sees on the eighteenth of the next month. (6)
 
If an ox gored three times after hearing the sound of a Shofar it is a Mu'ad for every time it hears the sound of a Shofar.
 
If a Shor of a Yisrael gores a Shor of Hekdesh or the Shor of Hekdesh gores the Shor of a Yisrael it is Patur.
 
R. Shimon Ben Menasya says that if a Shor of a Yisrael gores a Shor of Hekdesh whether it is a Tam or Mu'ad it pays Nezek Shalem.
 
If a Shor of a Yisrael gores a Shor of a Nochri it is Patur, but if the Shor of a Nochri gores a Shor of a Yisrael whether it is a Tam or a Mu'ad it pays Nezek Shalem.

A BIT MORE

1. Therefore the Shetaros of the orphans are considered as if they were given over to the Beis Din and if someone gives his Shetaros to Beis Din Shemitah is not Meshamet the Chov.
 
2. It becomes a Tam again for Shabbosos if it does not gore for three Shabbosos even when oxen pass in front of it.
 
3. According to R. Papa Sumchus argues with the Tana Kama who holds that an animal that is a Mu'ad for people is not a Mu'ad for animals, while R. Zevid holds that Sumchus argues with the Tana Kama who holds that if animal is a Mu'ad for people and animals and it does not gore three animals when it has the opportunity to do so it is no longer a Mu'ad for animals.
 
4. It is a Safek if the third ox is considered the third of the oxen in which case it is a Mu'ad only for oxen, or if it is the first of the donkey and camel which it subsequently gored and it is a Mu'ad for all animals.
 
5. According to Rav the animal is a Mu'ad and pays Nezek Shalem when it gored on the seventeenth, while according to Shmuel it is only a Mu'ad if it gores again on the eighteenth of the next month because the first time does not count.
 
6. According to Rav if she sees again on the eighteenth of the next month she is Tamei only from the time that she sees blood and not retroactively, while according to Shmuel it is only a Veses if she sees again on the Error! Not a valid link.

BRIEF INSIGHT

MU'AD FOR A PERSON
 
If an ox gores an ox, donkey and camel it is a Mu'ad for all types of animals even according to R. Papa. The Nimukei Yosef states that although it is a Mu'ad for all types of animals it is not a Mu'ad for a person and even if it gores two types of animals plus a person it is still not a Mu'ad for a person. The Rashash says that if an ox gores an ox twice and a camel once it is only a Mu'ad for an ox and a camel and not for other types of animals. Even though it gored three times since it only gored two types of animals it is only a Mu'ad for those animals that it gored.

QUICK HALACHAH

A PARTIAL MU'AD
 
If a Shor is a Mu'ad for its own type it is not a Mu'ad for a different type of Mu'ad. If it is a Mu'ad for a person it is not a Mu'ad for an animal, if it is a Mu'ad for small animals it is not a Mu'ad for big animals Therefore if it damages its own type it pays Nezek Shalem and if it damages a different type of animal it pays Chatzi Nezek. If it is a Mu'ad for Shabbos it not a Mu'ad for weekdays and therefore if it damages on Shabbos it pays Nezek Shalem and if it damages on weekdays it pays Chatzi Nezek. (Rambam Hilchos Nizkei Mamon 6:8)

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