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BAVA KAMA 48

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SUMMARY

The Mazik of Shen is only Chayav in Reshus ha'Nizak not in Reshus ha'Rabim.
 
If someone brings his Shor into someone's property without permission and a Shor that belongs to a third party gores his Shor he is Patur, but if he brought the Shor in with permission he is Chayav.
 
R. Tarfon holds that Keren in Reshus ha'Nizak pays Nezek Shalem.
 
If a woman enters into someone's property without permission in order to bake bread and an animal of the owner of the property eats her dough and dies she is Chayav. (1)
 
If a woman entered 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 was injured from the wheat the woman is Chayav.
 
If the women entered the property with permission if the animal of the owner of the property was injured from the wheat the woman is Patur. (2)
 
If someone's ox enters his friend's property and digs ditches the owner of the ox must pay for the damage to the property and the owner of the property must pay for any damage caused by the Bor. (3)
 
If someone brings his ox into his friend's property without permission if the ox causes damage he is Chayav.
 
If the ox leaves manure in the property and the clothing of the owner is dirtied from it he is Patur because it is a Bor and a Bor is Patur for utensils. (4)
 
Rav holds that only something that is Hefker is a Bor, while Shmuel argues.
 
If a person enters the property of his friend without permission and he damages the owner of the property he is Chayav, but if the owner damages him he is Patur.
 
R. Papa says that the owner is only Patur for damaging his uninvited guest if he didn't know he was there but if he was aware of his presence he is Chayav. (5)
 
If two people who both have the right or both don't have the right to be in a Reshus cause damage to each other they are Chayav but if they run into each other they are Patur.
 
If one of them had the right to be in the Reshus and one did not have the right if they cause damage to each other the one who had the right to be there is Patur and the other person is Chayav.
 
If someone brought his ox into his friend's property without permission and the ox fell into the water and the water was ruined from his body he is Chayav, but if the water was ruined from the odor he is Patur. (6)
 
If the father or the son of the owner is in the Bor and he is killed when the Shor falls in the Bor he is Chayav Kofer if the Shor was a Mu'ad to fall on people in a Bor.
 
Rebbi Yosi ha'Glili holds that a Shor Tam that kills a person is Chayav Chatzi Kofer.
 
If someone tells his friend to bring his Shor into his property but he must guard it, if the Shor causes Hezek he is Chayav and if the Shor is injured the owner of the property is Patur.
 
If the owner of the property promises to guard the Shor himself if the Shor causes damage he is Patur and if the Shor is injured the owner of the property is Chayav.
 
If a Shor causes a woman to miscarry the owner is Patur.
 
If a person causes a woman to miscarry he must evaluate the woman how much she was worth before she miscarried and how much she was worth after she miscarried and he must pay the difference.

A BIT MORE

1. Since baking bread requires seclusion because she reveals her arms the owner of the property removes himself from the part of the Chatzer where she is baking and the woman is responsible for any damage that occurs to the possessions of the owner of the property.
 
2. Since grinding wheat does not require seclusion the owner of the property is responsible upon himself for any damage that may occur.
 
3. Even though a person is not Chayav for a Bor that is dug by an animal he is Chayav for the Bor because he is responsible to fill the Bor and if he does not fill it he is obligated to pay.
 
4. However if the owner himself is damaged from the manure he is Chayav even though it is the Bor of his animal and a person is Patur for the Bor of his animal because the manure belongs to him.
 
5. Because even though he had the right to evict him he did not have the right to damage him.
 
6. If the animal is ruined from the odor it is regarded as Gerama and Gerama is Patur.

BRIEF INSIGHT

RUINED WATER
 
If someone brought his ox into his friend's property without permission and the ox fell into the water and the water was ruined from his body he is Chayav. The Pnei Yehoshua asks that it is an Anus (unavoidable accident) for a Shor to fall into a Bor, so why is the owner Chayav? The Mishnah states that if an animal falls into a garden the owner does not have to pay for the damages and if a dog or goat falls off a roof the owner is Patur because it is an Anus; consequently a Shor falling into a Bor is also an Anus! The Pnei Yehoshua answers that even though it is an Anus for a Shor to fall into a Bor, however the owner of the Shor is Chayav because he was negligent for allowing the Shor to enter the property in the first place and the Tana holds that something that starts off as negligence and ends with an Ones is Chayav.

QUICK HALACHAH

A DEEP WELL
 
If someone brings his Shor into the courtyard of his friend without permission and it was gored by the Shor of the Ba'al ha'Bayis he is Patur. If his Shor gores the Shor of the Ba'al ha'Bayis if it is a Tam he pays Chatzi Nezek and if it is a Mu'ad he pays Nezek Shalem which is the Din of a Shor that gores in the Reshus ha'Rabim. If the Shor falls into a Bor and ruins the water if the water was ruined immediately when the Shor fell in he is Chayav, but if it was ruined after a while he is Patur because the Shor is considered a Bor and the water is the same as utensils and a Bor is Patur for utensils. If he brought in his Shor with permission he is Patur.
 
Why is he Patur if he brought in his Shor with permission? It should have a Din of a Chatzer ha'Shutfim! Not only that but the Bor should be regarded as a Chatzer ha 'Nizak because one of them has Reshus only for his oxen and the other has Reshus also for his water. (Ra'avad)
 
The Rambam holds that he is Patur if he had permission to bring his Shor in because according to Rebbi it is as if they made a condition with each other that each of them will be Patur if they damage each other. (Magid Mishneh)

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