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BAVA KAMA 42

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BAVA KAMA 42 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.

SUMMARY

Rebbi Yosi ha'Glili says a Shor Tam that gores a woman and causes her to miscarry is Patur.
 
A Shor is Patur from paying for Boshes.
 
Rava holds that someone who kills a woman along with her unborn children is Patur from paying even if he was intending to kill someone else.
 
R. Ada Bar Ahavah says that if a person intends to kills a man and mistakenly kills a woman and causes her to miscarry he must pay for the value of the children. (1)
 
R. Akiva says that a Shor Tam that kills a servant is Patur from paying. (2)
 
R. Akiva holds that a Shor Tam that injures a person pays Nezek Shalem mi'Gufo.
 
A Shor that kills a servant pays thirty Shekalim regardless of the value of the servant.
 
If a Shor gores a woman and she dies the payment is made to her inheritors. (3)
 
R. Akiva says that a husband inherits his wife.
 
If someone hits a woman and causes her to miscarry he must give Nezek and Tza'ar to the woman and the value of the unborn child to the husband.
 
If the husband or wife is no longer alive the payment is made to their inheritors. (4)

A BIT MORE

1. This is in accordance with R. Shimon who holds that if someone intends to kill one person and by mistake kills a different person he is Patur from Misah and Chayav to pay.
 
2. Even though it pays mi'Gufo and since it is put to death there is nothing to pay from, one may think that the payment for a Shor Tam that kills a servant is from Aliyah since for a Mu'ad one must pay thirty Shekalim even for a servant who is only worth one Sela.
 
3. Even though a husband inherits his wife, however since Kofer is only paid after Misah, the husband of the woman is not Muchzak on the money and only inherits money that she is Muchzak in.
 
4. The payment is made to the inheritors of the woman only if the woman was divorced, however if she was still married at the time of her death the payment is made to the husband.

BRIEF INSIGHT

YESHIVAH OF THE SOUTH
 
The Gemara states that when R. Chagi came from the south he brought a Beraisa with him. Where in the south did he come from? The Maharitz Chiyus explains that the Gemara states in Pesachim that Rebbi Yehudah Ben Darsai separated himself from the Chachamim and when to the south because he held that the Korban Chagigah may be brought on Shabbos, while the Chachamim disagreed. When Rebbi Yehudah Ben Darsai went to the south he started a Yeshivah there and R. Chagi came from that Yeshivah. Even though the Chachamim in Eretz Yisrael and Bavel were not pleased with the Yeshiva on the south because Yehudah Ben Darsai who started the Yeshivah separated himself from the Chachamim, however they accepted the Beraisa that R. Chagi brought with him from that Yeshivah.

QUICK HALACHAH

DEMEI VLADOS
 
If someone strikes a woman and kills her with her unborn child even though he is a Shogeg he is Patur from any payment. However, he is only Patur if he intended to strike the woman but if he intended to hit a man and he mistakenly hit the woman and she died since he did not intend to hit her it is regarded as something that is not punished with Misas Beis Din and he must pay for the unborn child. Some say that even if he didn't intend to hit the woman he is Patur from paying the woman. (Shulchan Aruch CM 423:4)

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