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BAVA KAMA 50

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SUMMARY

Rabah says that according to R. Akiva a Bor is Chayav whether it is in Reshus ha'Rabim or Reshus ha'Yachid, while R. Yishmael holds that only a Bor in Reshus ha'Rabim is Chayav.
 
R. Yosef says that R. Akiva holds that only a Bor in Reshus ha'Yachid is Chayav, while R. Yishmael holds that a Bor is Chayav whether it is in Reshus ha'Rabim or Reshus ha'Yachid.
 
It is forbidden to dig in the Reshus ha'Rabim even if the Bor is opened into the Reshus ha'Yachid.
 
The Tana Kama of the Beraisa states that someone who digs a foundation in Reshus ha'Yachid next to a Reshus ha'Rabim is Patur.
 
Rebbi Yosi says that he is Chayav unless he puts up a fence of ten Tefachim or digs the foundation at least four Tefachim away from where people and animals walk.
 
If someone digs a Bor in a Reshus ha'Yachid and is not Mafkir his Reshus or the Bor everybody agrees that he is Patur.
 
If someone digs a well in Reshus ha'Rabim for the use of the Rabim and he gives it over to the public he is Patur, but if he does not give it to the Rabim he is Chayav.
 
The daughter of Nechemyah Chofer Sichin fell into a great well and R. Chanina promised that she would be pulled out because it is impossible that a Mitzvah that her father was involved in would cause her death. (1)
 
Anyone who says that Hashem Yisbarach will overlook his Aveiros will have his life overlooked.
 
Hashem Yisbarach delays from repaying the deeds of both Tzadikim and Resha'im. (2)
 
A person should not move stones from his own Reshus into the Reshus ha'Rabim.
 
A person who digs any kind of a Bor in Reshus ha'Rabim is Chayav if an animal falls in and dies as long as it is at least ten Tefachim deep.
 
If a Bor is less than ten Tefachim deep and an animal falls in and dies he is Patur, but if the animal is injured he is Chayav.
 
Rav holds that a person is only Chayav for the damage that is caused by the vapor of the Bor, but not for damage that is caused by impact from the impact of the Bor.
 
Shmuel says that a person is also Chayav for the damage that is caused by the impact of the Bor. (3)
 
According to Rav the person who dug the Bor is only Chayav if the animal fell in face first, while Shmuel holds he is Chayav even if it fell in backwards. (4)
 
If an animal falls from a height and cannot stand up if it survives 24 hours it is Kosher and if not it is a Tereifah. (5)
 
R. Nachman holds that even if the animal fell into an irrigation canal that is six Tefachim deep it is enough to make the animal into a Tereifah.

A BIT MORE

1. Even so his daughter died from thirst because Hashem Yisbarach is exacting with Tzadikim like the width of a hair.
 
2. Hashem Yisbarach delays rewarding Tzadikim for their Mitzvos and punishing Resha'im for their Aveiros.
 
3. According to Rav if a person makes a mound in Reshus ha'Rabim and an animal falls off the mound he is Patur because there is no vapor aboveground.
 
4. Since according to Rav he is only Chayav for the vapor the animal only breathes in the vapor if it falls in face first.
 
5. If it stands up and takes steps it is Kosher even if it is Shechted within 24 hours.

BRIEF INSIGHT

DAUGHTER OF A TZADIK
 
The daughter of Nechemyah Chofer Sichin fell into a great well and R. Chanina promised that she would be pulled out because it is impossible that a Mitzvah that her father was involved in would cause her death. The daughter said that a ram with a Zaken leading it pulled her out of the Bor and Rashi explains that it was the ram of Yitzchak Avinu that was led by Avraham Avinu. The Pnei Yehoshua explains that it was already decreed from Heaven that she will die and therefore it was no longer possible for her to be saved without someone else dying in her place. Therefore when R. Chanina Ben Dosa prayed that she would live it was decreed that someone else must die in her place. This concept is hinted to with the ram of Akeidas Yitzchak: the ram was brought in place of Yitzchak on the Mizbe'ach. Yitzchak's life could not have been spared if the lamb would not have been brought instead of him.

QUICK HALACHAH

A BOR OF THE RABIM
 
If someone digs a Bor in Reshus ha'Rabim for the needs of the Rabim and he gave over the cover to the Rabim and he notified Beis Din that he wishes to give over control of the Bor to them he is Patur if he originally dug the Bor in a place that he has the right to do so. (Shulchan Aruch CM 417:1)
 
Even in Reshus ha'Rabim one may not dig a Bor for the needs of the Rabim unless he dug the Bor in a place that is not a passageway for the Rabim. (Sma)

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