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BAVA KAMA 41

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PAST DEDICATION
BAVA KAMA 41 (13 Shevat) - dedicated by Steven and Lynn Farber l'Iluy Nishmas Steven's mother, Esther (bas Rav Moshe) Farber of Riverdale, NY, who passed away on 13 Shevat 5763. A descendant of the Chasam Sofer, Esther was a courageous woman whose dedication to Torah ideals affected the lives of her many students and friends.

SUMMARY

According to Abaye if an animal tramples a child in the courtyard of the Nizak it pays Kofer, while Rava argues.
 
A Shor that is trained to kill is not put to death and it may be brought as a Korban. (1)
 
If a Shor gores an adult or a child to death, if it is a Mu'ad it pays Kofer, but if it is a Tam it does not pay Kofer however both a Mu'ad and a Tam are put to death.
 
If a Shor kills a servant it pays thirty Shekalim regardless of the value of the servant.
 
A Shor that is a Mu'ad for animals is not a Mu'ad for people.
 
A Shor that is a Mu'ad for Nochris is not a Mu'ad for Jews.
 
If the witnesses do not recognize a Shor that gored and warn the owner three times that he has a Shor that gored among his cattle he is obligated to guard his oxen and if he does not and it gores again it becomes a Mu'ad.
 
If an animal is Shechted after the Din was decided to put it to death may not be eaten and no benefit may be derived from the animal including the hide.
 
If someone slaughters an animal with a sickle, or with a stone or a reed it is a Kosher Shechitah.
 
R. Akiva says that Talmidei Chacham are included with the word 'Es' in the Pasuk that instructs us to fear Hashem.
 
R. Eliezer says that a Shor Tam that kills a person does not pay Chatzi Kofer. (2)
 
If animal kills a person in front of witness or if it intended to kill an animal and it killed a person it is not put to death.

A BIT MORE

1. Even though an animal that kills a person is Pasul for a Korban in this case since it was an Ones it is Kosher to be brought as a Korban.
 
2. Even though it pays mi'Gufo and since it is put to death there is nothing to pay from, however, even if there is only one witness or the owner admitted that it gored or it intended to kill an animal and it killed a person and it is not put to death he does not have to pay Chatzi Kofer from the meat.

BRIEF INSIGHT

A MU'AD FOR NOCHRIS
 
The Gemara states that a Mu'ad for Nochris is not a Mu'ad for Jews. The Pnei Yehoshua explains that the reason is because a Jew has more Mazal than a non- Jew and therefore if a Shor gores Nochris it is no indication that it will gore Jews. The Pnei Yehoshua asks why does not the Mishnah mention among the other Mu'adim that a Mu'ad for a Nochri is not a Mu'ad for a Jew. He answers that it is not listed because it is not the same as the others since the Mishnah cannot state that it pays for a Mu'ad Nezek Shalem as there is no payment for goring a Nochri.

QUICK HALACHAH

A SHARP DEVICE
 
One may slaughter an animal with anything that is detached from the ground. One may slaughter with a rock, a reed, with an individual tooth or individual fingernail, or anything similar that is detached as long as it is sharp without a flaw. (Shulchan Aruch YD 6:1)

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