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BAVA KAMA 5

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SUMMARY

R. Akiva holds that E'idem Zomemim do not pay on the basis of their own admittance. (1)
 
R. Akiva holds that a Shor Tam that injures a person must pay Neek Shalem but only mi'Gufo (from the body of the ox)
 
An Ones and a Mefateh must pay for Nezek, Tza'ar and Boshes together with a Knas of fifty Shekalim.
 
It is a Machlokes if an undetectable Hezek is regarded as a Hezek.
 
Although E'idem Zomemim did not do an act the Torah regards it as an act.
 
All 24 Avos Nezilkin of R. Chiya pay from Meitav (the best property).
 
If the Mazik of Bor and any of the other Mazikin would have been written in the Torah the other Mazikim could have been learned out from them except for Keren.
 
According to the opinion that Keren is more stringent because the Hezek is deliberate, even Keren could have been learned out from Bor and one of the other Mazikim.
 
All of the Mazikim are written in the Torah even though they could have been learned out from Bor and one of the other Mazikim in order to teach us the unique Halachos of each.
 
It is a Machlokes Tana'im if Bor is Chayav for utensils, but everyone agrees that Bor is Patur if a person falls in and is killed. (2)
 
If someone injures another person he must make four payments besides Nezek. (3)
 
It is a Machlokes Tana'im if Esh (fire) is Chayav for hidden objects that are burned in the fire.

A BIT MORE

1. If witnesses became Zomemim in one Beis Din and they ran away and went to a different Beis Din and admitted that they are E'idem Zomemim they are Patur
 
2. However if the person is injured in the Bor the Ba'al ha'Bor is Chayav.
 
3. He must pay for pain, medical expenses, unemployment and embarrassment along with the Nezek.

BRIEF INSIGHT

E'IDEM ZOMEMIM
 
R. Chiya list E'idem Zomemim as one of the Avos Nezikin and the Gemara states that all of the Avos pay from Meitav. The Me'iri says that although E'idem Zomemim pay from Meitav, however if they testify that someone owes a Chov or a Kesuvah since they were only attempting to obligated the person to pay Beinonis or Ziburis the E'idem Zomemim also only pay Beinonis or Ziburis. The E'idem Zomemim only pay from Meitav when they were attempting to obligate the person to pay money and the E'idem Zomemim don't have money to pay, if they pay from Karka they must pay from Meitav.

QUICK HALACHAH

AN UNDETECTABLE HEZEK
 
If someone damages his friend with an undetectable Hezek, for example they mixed Yayin Nesech with wine, he is Patur Min ha'Torah, however the Rabanan penalize him and he must pay from the best of his property. Therefore if he dies his children are not Chayav to pay and if he is a Shogeg or an Ones he is not obligated to pay because the Rabanan only penalize him if he did it deliberately. (Shulchan Aruch CM 349:4)
 
Even though he is only obligated to pay d'Rabanan the decree of the Rabanan is similar to a Din d'Oraisa and he must pay from Meitav. (Shach in the name of the Rosh)

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