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BAVA KAMA 44

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BAVA KAMA 44 (8 Tamuz) - The Zechus of today's Dafyomi study is dedicated to the memory of Dr. Moshe Gottlieb z'l, who healed the sick of Jerusalem and Israel with Chesed, on the day of his Yahrzeit. Dedicated by his loving wife, children and grandchildren.

SUMMARY

A person who causes injury must pay for four things besides Nezek, while a Shor who causes injury pays only Nezek.
 
A Shor who kills a person is put to death whether it is a Tam or a Mu'ad and whether it kills a Katan or a Gadol.
 
A Katan who causes damage is Patur from paying.
 
If a Shor rubbed against a wall and he knocked down the wall unintentionally and it fell on someone and killed him it is not put to death.
 
If a Shor intended to kill an animal or a Nochri and mistakenly killed a Jew it is not put to death.
 
If a Shor intended to kill a Nefel (a child less than thirty days old) and mistakenly killed an older person it is not put to death.
 
Shmuel holds that a Shor that killed someone unintentionally must pay Kofer even though it is not put to death, while Rav argues.
 
If a Shor is a Mu'ad to knock down walls for its own benefit it pays Kofer according to Shmuel.
 
If a Shor kills a person with Tzeroros it does not pay Kofer.
 
If a Shor Mu'ad kills a person unintentionally it is not put to death but it pays Kofer. (1)
 
A Shor Tam that kills a person intentionally it is put to death but it does not pay Kofer.
 
If an ox injures another ox unintentionally Rebbi Yehudah holds that it is Chayav, while R. Shimon argues.
 
R. Shimon holds that a Shor that attempts to kill one person and kills another it is not put to death, while the Rabanan argue. (2)
 
If someone throws a rock in a crowd of people and kills a Jewish person even if nine of the people are Jewish and one is Nochri he is Patur from Misah. (3)
 
Something that is stationary is not judged in accordance with the majority and it is looked at as fifty-fifty.
 
A Shor that belongs to a woman or to an orphan that is guarded by a custodian of orphans, or is Hefker, or belongs to Hekdesh, or to a Ger who died without inheritors, if it kills a person it is put to death.
 
Rebbi Yehudah says that a Shor that is Hefker, or that belongs to Hekdesh, or to a Ger who died without inheritors, if it kills a person is not put to death because it does not have an owner.
 
Rebbi Yehudah holds that if the owner is Mafkir or Makdish his Shor after it gores he is Patur from paying for the damages.
 
If a Shor is being taken out to be put to death if the owner is Makdish the Shor it is not Hekdesh and if he slaughters the Shor the meat is forbidden.
 
If the owner of a Shor that killed a person is Makdish the Shor before the Gmar Din it is Hekdesh and if he slaughters the Shor the meat is permitted.
 
If a Shor is given to a Shomer or a Sho'El they are responsible to guard it and if it causes damage they must pay Chatzi Nezek for a Tam and Nezek Shalem for a Mu'ad.

A BIT MORE

1. This Beraisa supports the opinion of Shmuel who holds that a Shor pays Kofer even if it is not put to death.
 
2. The Pasuk states that the Din of a Shor is the same as the Din of a person and Rebbi Yehudah and R. Shimon also argue about the Din of a person who attempts to kill one person and kills another. According to R. Shimon a person who attempts to kill one person and kills another is Patur and therefore a Shor is also Patur and the Chachamim hold that he is Chayav and therefore a Shor is also Chayav.
 
3. Because it is a Safek if he intended to kill the Jew or the Nochri and we cannot give someone a death sentence for a Safek because Safek Nefashos is judged leniently.

BRIEF INSIGHT

A DELIBERATE DAMAGE
 
Shmuel says that a Shor that unintentionally kills a person pays Kofer. The Gemara asks that it is a Tam and a Tam does not pay Kofer and the Gemara answers that it is a Mu'ad to knock down a wall on people. Why is the question of the Gemara that it is a Tam only in the case of knocking down a wall and not in the cases of the Shor intending to kill an animal or a Nochri and it ends up killing a Jew? The Maharam answers that the Gemara understands that in the case of intending to kill an animal or a Nochri and it ends up killing a Jew, the first three times it killed a person intentionally and the fourth time it killed a person unintentionally. However, with regards to knocking down a wall the Gemara did not want to say that the first three times it knocked down the wall with the intention to kill a person because it is not usual for that to happen.

QUICK HALACHAH

A MU'AD FOR WALLS
 
If an animal was a Mu'ad to fall on people in a Bor and it saw vegetation in a Bor and it fell into the Bor for the vegetation and it killed a person that was in the Bor, or if it as a Mu'ad to rub against walls and to knock it down on people and it rubbed against the wall for its own pleasure and it fell on a person and killed him the Shor is Patur from Misah because it did not intend to kill and the owner is Chayav Kofer because it is a Mu'ad to fall in a Bor on people or to knock walls down on people. How do we know that it is rubbing against the wall for its own pleasure? If it continues to rub against it after it is knocked down! (Rambam Hilchos Nizkei Mamon 10:10)

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