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BAVA KAMA 47

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BAVA KAMA 47 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.

SUMMARY

If a cow gores a Shor and a dead baby cow is found next to it and we don't know if it gave birth prior to or after the Nezek, if the cow is no longer around it pays one quarter Nezek from the baby according to Rava. (1)
 
If we are certain that the baby was born after the Nezek the entire Chatzi Nezek may be collected from the baby according to Rava because he holds that the cow and the baby are considered one body.
 
If a hen causes damage the Chatzi Nezek may not be collected from the egg because the egg is not considered part of the hen.
 
If an ox gores a cow and causes it to miscarry the damage of the cow and the baby are not evaluated separately and instead the pregnant cow is evaluated prior to and after it was damaged and the Mazik pays the difference. (2)
 
If a Mazik cuts off the hand of a servant or eats produce from a field, the hand or the produce are not evaluated separately and instead we evaluate the servant or the field how much it was worth prior to and after it was damaged.
 
If a cow is owned by one person and the unborn baby is owned by another person and a Shor causes the cow to miscarry the extra fat that causes the cow to be worth more belongs to the owner of the cow.
 
The extra value of the cow because it is swollen from the pregnancy belongs to the owner of the cow according to R. Papa and according to R. Acha Bar Ika it is split between them.
 
If a person brings in his pottery or produce in someone's property without permission if the animal of the owner of the property breaks or eats them he is Patur.
 
If the animal of the owner is damaged by the pottery or by the produce the person is Chayav to pay for the damage. (3)
 
If he brought in the pottery or produce with permission if the animal of the owner breaks them or eats them the owner is Chayav.
 
If a person brings in his ox in someone's property without permission if it is gored by the ox of the owner of the property he is Patur.
 
If the ox gores the animal of the owner of the property he is Chayav.
 
If the ox falls into a well and ruins the water he is Chayav and if the father or son of the owner of the property is in the well and is killed when the ox falls in he must pay Kofer.
 
If he brought in the ox with permission if his ox is injured from the animal of the owner of the property he is Chayav.
 
Rebbi says that even if he brought in his pottery or produce or ox with permission the owner of the property is only Chayav for damages if he explicitly took upon himself to watch it.
 
Rava says that if a person brings his possessions into someone's property with permission the owner of the property accepts upon himself to pay for damages even if it is damaged in the wind.
 
If someone places poison in front of an animal and the animal eats it and dies he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim.
 
If a woman enters into someone's property without permission in order to grind wheat and the animal of the owner ate the wheat he is Patur.
 
If the animal of the owner of the property slipped on the wheat and was injured the woman is Chayav.
 
If a person brings his ox into someone's property without permission and it eats too much wheat and dies the owner of the property is Patur.
 
If he brought the ox in with permission and it eats too much wheat and dies the owner of the property is Chayav because he accepted responsibility for the ox even if it is damaged by wind.
 
If someone brings his object into someone's property with permission it is a question if the owner of the property is Chayav if the object is damaged by an animal that belongs to someone else.

A BIT MORE

1. This is in accordance with Sumchus who holds that Mamon which is a Safek is split and since it is a Safek half of the Chatzi Nezek is collected from the baby.
 
2. Because the Mazik can say he damaged a pregnant cow and it should be evaluated as a pregnant cow.
 
3. However, he is only Chayav if the animal slipped on the produce but if the animal ate too much of the produce and dies he is Patur because the animal should not have eaten so much of it.

BRIEF INSIGHT

THE EGG OF A TEREIFAH
 
Rava holds that if a pregnant cow causes damage the entire Chatzi Nezek may be collected from the baby because he holds that the cow and the baby are considered one body. If a hen causes damage the Chatzi Nezek may not be collected from the egg because it is not considered part of the body. However, if an animal that is a Tereifah gives birth, the offspring is not a Tereifah. Even though an animal and its baby are considered one body a Tereifah is an exception; since the baby has its own Chiyus (life support) it does not become a Tereifah along with its mother. On the other hand, if a rooster that is a Tereifah lays an egg the egg is forbidden. Even though the egg is not considered part of the body, however if the egg is still wrapped up inside the body when the hen became a Tereifah it is considered part of the hen and it is forbidden. Consequently, even if we are not sure if the egg was still wrapped up inside the body at the time it became a Tereifah the egg is forbidden mi'Safek, but with regards to collecting damages from the egg one may not collect from it mi'Safek.

QUICK HALACHAH

A PREGNANT COW
 
If a pregnant cow causes damage the Chatzi Nezek is collected from the cow and from the baby because it is like its Guf. Even if the cow is not around the entire Chatzi Nezek may be collected from the baby because it is like its Guf. However, if a hen causes damage the Nizak may not collect from the egg because it is not like its Guf and it is separate from it. Nevertheless, some say that if the egg is still attached to the Guf the Nizak may collect from it. (Shulchan Aruch CM 399:1,2)

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