brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
If someone hits a Giyores who is married to a Ger and causes her to miscarry if they both die before he has a chance to pay he is Patur from paying. (1)
If a person hits a divorced woman and causes her to miscarry if she dies the payment of Nezek and Tza'ar is paid to her inheritors. (2)
An unborn child belongs to the father even if the child was conceived b'Znus.
Rabah says that according to the Rabanan if the brothers collect Karka for a loan that was owed to their father the Bechor takes a second share but not if they collect money.
R. Nachman holds that if the brothers collect money for a loan that was owed to their father the Bechor takes a second share, but not if they collect Karka. (3)
According to Rebbi whether the brothers collect Karka or money the Bechor does not take a second share.
Reish Lakish says that a Shor that unintentionally kills a servant is Patur from a payment of 30 Shekalim since it is not put to death.
Rabah says that a Shor that unintentionally kills a person is Patur from a payment of Kofer since it is not put to death. (4)
If someone admits that his Shor killed a person or an ox he must pay but if he admits that it killed a servant he is Patur. (5)
If witnesses testify that a Shor gored a person to death and they don't know if it was a Tam or a Mu'ad if the owner admits that it was a Mu'ad he must pay Kofer. (6)
If witnesses testify that a Shor gored a servant to death and they don't know if it was a Tam or a Mu'ad the owner is Patur from paying Knas. (7)
If someone sets a stack of grain on fire and there was a goat tied to it and a servant next to it he is Chayav for the grain and the goat.
If the servant was tied to the stack of grain and the goat was next to it he is Patur because he is Chayav Misah for the death of the servant. (8)
There is no Chiyuv of Kofer if a fire kills a person.
It is a question if someone spreads a fire unintentionally if he must pay Damim (the value of the person).
Esh is Chayav if it burns something unusual such as a plowed field or stones, but a Bor is not Chayav for something unusual such as utensils.
R. Yochanan holds that Kofer and thirty Shekalim are paid even if the Shor intended to kill an animal and mistakenly killed a person.
A Shor is put to death whether it killed a Katan or a Gadol
A BIT MORE
1. Because a Ger who dies without children does not have any inheritors and whoever is the first to be Zocheh in their property may keep it and since he hasn't paid yet he is the first to be Zocheh in the payment.
2. If she is not divorced it is paid to her husband because a husband inherits his wife.
3. Rabah holds that if the brothers collect money it is considered Ra'uy not Muchzak and a Bechor does not take a second share from Ra'uy and R. Nachman holds that if they collect Karka it is considered Ra'uy.
4. However a Shor must pay Damim if it kills a servant or a Jewish person unintentionally.
5. If he admits that it killed a person he must pay Kofer or Damim because it is not a Knas, but the payment of 30 Shekalim for a servant is a Knas and someone who admits to a Knas is Patur.
6. A Shor is put to death whether it is a Tam or a Mu'ad, therefore even though the witnesses are uncertain if it is a Tam or a Mu'ad the Shor is put to death and consequently the owner must pay Kofer even according to Rabah.
7. Even though the Shor is put to death the owner is Patur from paying thirty Shekalim because it is a Knas and someone who admits to a Knas is Patur.
8. Since he is Chayav Misah for the death of the servant he is Patur for the damages. According to Reish Lakish who holds Esh is Chayav for Mamon he is only Chayav Misah for the death of the servant if he sets the fire directly on the servant.
The Gemara asks that if a woman is divorced she should split the Demei Vlados with her husband. R. Akiva Eiger asks that the Gemara should have asked from the Reisha which states that if the husband dies the Demei Vlados are paid to the inheritors. Why is it paid to the inheritor? What is the difference between a divorcee and a widow? The wife should receive half! The Rashash answers that the question of the Gemara that a divorced woman should receive half of the Demei Vlados is only if she is divorced prior to the death of the unborn child and the Reisha is referring to a case that the husband died after the death of the unborn child. Since she was widowed after the perpetrator was already Chayav there is no Havah Amina that she receives half of the Demei Vlados.
SEKILAH OF A SHOR
An animal is not put to death unless it intended to kill someone that it is Chayav Sekilah for. But a Shor that intended to kill an animal and killed a person, or intended to kill a Nochri and killed a Jew, or intended to kill a Nefel and killed a Bar Kayama is Patur from Misah. If the animal was a Mu'ad the owner must pay Kofer [if it kills a Ben Chorin] or Knas if it killed a servant, even if it killed unintentionally. (Rambam Hilchos Nizkei Mamon 10:9)
According to the Rambam if the animal intended to kill one person and it killed another it is put to death with Sekilah. (Magid Mishneh)
Next Daf Index to Revach for Maseches Bava Kama