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BAVA KAMA 4

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SUMMARY

If a servant or maidservant causes damage the owner is Patur because of the concern that the servant will deliberately cause damage to spite his owner.
 
According to Shmuel the Mishnah mentions Regel and Shen because they are Mu'adim from the beginning but not Keren because it is a Tam
 
If a Shor gores an animal in the property of the Nizak the owner pays Nezek Shalem [according to R. Tarfon].
 
If an ox (a Shor ha'Mu'ad) kills a person the owner must pay Kofer, but if a person kills he does not pay Kofer.
 
If a person injures another person he must pay four payments [besides Nezek] but if an ox injures a person he only pays Nezek. (1)
 
It is usual for a Shor Mu'ad and a sleeping person to cause damage.
 
R. Oshiah says that there are thirteen Avos Nezikin. (2)
 
If a person injures an ox he only pays Nezek.
 
R. Chiya says that there are twenty four Avos Nezikin. (3)

A BIT MORE

1. He must pay for pain medical expenses, unemployment and embarrassment along with the Nezek.
 
2. A Shomer Chinam, a Shomer Sachar, Sho'El, Socher, Nezek, pain, medical expenses, unemployment and embarrassment and the four of the Mishnah.
 
3. Kefel, four and five, Ganav Gazlan, Edim Zomemim, Ones, Mefateh, Motzi Shem Ra, Metamei, Medameh, Menasech and the thirteen of R. Oshiah.

BRIEF INSIGHT

R. Chiya says that there are twenty four Avos Nezikin and one if them Edim Zomemim. Why is Edim Zomemim considered an Av Nezikin, Edim Zomemim only pay if they didn't cause any damage and the Din has not been carried out? Tosfos answers that if the punishment if the Edim Zomemim is monetary they are punished even if the Din was carried out and only regarding other punishment are the Edim Zomemim not punished if the Din was not carried out.

QUICK HALACHAH

If a servant steals the principle must be returned to the owner if it is still in existence and if it is not in existence the owner is not Chayav to pay, if the servant is freed he is Chayav to pay if he has the money. (Shulchan Aruch CM 349:4)
 
The owner is Patur because the servant is a Bar Da'as and it is impossible to guard him because if he angers him he will set the field of his friend on fire and will obligated his owner to pay a Manah every day. (Tur)

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