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BAVA KAMA 52

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BAVA KAMA 52 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.

SUMMARY

When someone sells a house to his friend as soon he gives the key to his friend he may be Koneh it with a Kinyan Chazakah. (1)
 
When someone sells a flock of cattle to his friend when he gives the Mashchuchis to his friend he may be Koneh it with a Kinyan Meshichah. (2)
 
Some say the Mashchuchis is a bell and others say it is the goat that walks in front of the flock. (3)
 
If the Bor was covered properly and it rotted away and an ox or donkey fell in and dies he is Patur.
 
If he didn't cover it properly and an ox or donkey fell in and died he is Chayav.
 
If an ox or donkey fell in together with the equipment he is Chayav for the animals and Patur for the equipment.
 
If one partner of a Bor covered a Bor and the second partner found that the Bor was uncovered and failed to cover it the second partner is Chayav.
 
Rav says that once the first partner sees that it is not covered he also is Chayav. Shmuel says that once he finds out that it is uncovered he is Chayav even though he did not see it.
 
R. Yochanan says that the first partner is not Chayav until he finds out that it is uncovered and has time to hire worker to make a cover for the Bor. (4)
 
If a person covers his Bor with a cover that is strong enough for oxen but not for camels and a camel stepped on the cover and loosened it and an ox fell in if camels are frequent in the area of the Bor he is Chayav. (5)
 
If camels are not frequent in the area of the Bor he is Patur. If camels are frequent at times in that area it is a Safek if he is Chayav. (6)
 
If a person covers his Bor with a cover that is strong enough for oxen, but not for camels, if camels are frequent in the area of the Bor and the cover rotted away he is Patur.
 
If an ox that is deaf-mute, Shoteh, Katan, blind or the ox is walking at night and it falls into the Bor he is Chayav, but if a healthy ox that is walking during the day falls in to the Bor he is Patur.

A BIT MORE

1. Handing over the key is the same as saying Lech Chazak u'Keni.
 
2. Handing over the Mashchuchis is the same as saying Lech Meshach u'Keni.
 
3. It was the practice of the shepherd to have a goat walk in front of the flock.
 
4. However, the second partner is Chayav immediately if he finds it uncovered because he should have hired a guard to watch it until he has a chance to make a cover.
 
5. Because he should have anticipated that camels would step on the cover and loosen it.
 
6. According to the second Lashon of the Gemara even if the camels are only frequent at times in that area he is considered negligent and he is Chayav.

BRIEF INSIGHT

A FLIMSY COVER
 
If an ox that is deaf-mute, Shoteh, Katan, blind or an ox is walking at night and it falls into the Bor he is Chayav, but if a healthy ox that is walking during the day falls into the Bor he is Patur. The Pnei Yehoshua says the fact that a person who digs a Bor is Patur if a healthy Shor falls into the Bor is only if the Bor was completely uncovered. Since the Bor is completely uncovered a normal Shor will not fall in and if it falls in he is not responsible. However, if the Bor is covered with a flimsy cover that will not hold up an animal he is Chayav if a Shor falls in. A Shor does not have the ability to discern that the cover will not hold him up and therefore even a normal Shor may fall in.

QUICK HALACHAH

A LOT OF CAMELS
 
If a person covers his Bor with a cover that is strong enough for oxen but not for camels and a camel stepped on the cover and loosened it if camels are not frequent in the area of the Bor he is Patur because it is regarded as an Ones. However, if a camel fell in even if it is a healthy camel he is Chayav. If camels are frequent in the area of the Bor even if they are only frequent at times he is Chayav. If the cover rotted and an ox fell in even if camels are frequent in the area of the Bor even though he is at fault regarding camels since the ox fell in because it rotted he is Patur. According to some opinions he is only Patur if the cover was situated in such a way that if a camel would have stepped on it the cover would have come off completely and a healthy Shor would not have fallen in because it would have seen that it was uncovered. (Shulchan Aruch CM 410:23, 24)

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