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BAVA KAMA 53

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SUMMARY

Rav holds that a person who digs a Bor is only Chayav if the Shor falls in face forward because the Chiyuv of a Bor is only for the vapor not for the impact. (1)
 
If the Shor falls in face first and in midair it turns over it is Chayav because the vapor that it breathed in before it turned over is what killed it.
 
Shmuel holds that even if the Shor falls in backwards he is Chayav because he holds the Chiyuv for a Bor is also for the impact.
 
If the Shor slips on the Bor and falls behind the Bor he is Patur even according to Shmuel.
 
If a Shor enters into someone's Reshus and falls into his Bor and ruins the water he is Chayav whether it fell in face forward or backwards.
 
If a person is digging inside a Bor and a Shor was startled from the noise and fell face forward into the Bor the person who is digging is Patur while the Ba'al ha'Bor is Chayav according to R. Nasan. (2)
 
If a Shor pushes another Shor into a Bor the Rabanan hold that the owner of the Shor is Chayav and the owner of the Bor is Patur. (3)
 
R. Nachman holds that if the Shor is a Mu'ad the owners of the Shor and the Bor each pay half and if the Shor is a Tam the owner of the Shor pays a quarter and the owner of the Bor pays three quarters. (4)
 
If someone places a stone at the edge of a Bor and a Shor slips on the stone and falls into the Bor according to the Rabanan the person who placed the stone there is Chayav and the Ba'al ha'Bor is Patur. (5)
 
According to R. Nasan the person who placed the stone pays half and the person who dug the Bor pays half.
 
If a Shor Tam and a Shor Pesulei Mukdashim together gore a Shor the Shor pays a quarter Nezek according to the Rabanan and half Nezek according to R. Nasan. (6)
 
If it is a Mu'ad it pays Chatzi Nezek according to the Rabanan and Nezek Shalem according to R. Nasan.
 
If a Shor and a person push a pregnant woman into a Bor they are all Chayav to pay for Nezek, however only the person is Chayav to pay the four payments and if she miscarries only the person is Chayav to pay for the miscarried child. (7)
 
If a Shor and a person push a Jewish person or a servant into a Bor and he is killed only the Shor is Chayav to pay Kofer and thirty Shekalim for the servant.
 
If a Shor and a person push utensils or a Shor Pesulei ha'Mukdashim into a Bor only the person and the Shor are Chayav but the Ba'al ha'Bor is Patur.
 
When a Shor gores an animal and it dies the Nizak is responsible for the carcass and the Mazik is only obligated to pay the difference between the value of the live animal and the carcass.
 
Rebbi Yehudah holds that a Bor is Chayav for utensils.

A BIT MORE

1. Rav agrees that if the Bor is in his Reshus he is Chayav also for the impact of the Bor.
 
2. The person who is digging is Patur because it is Gerama, while the Ba'al ha'Bor is Chayav according to R. Nasan who holds that when it is impossible to collect from one Mazik we collect from the other instead.
 
3. The Ba'al ha'Bor is Patur even if the Shor is blind because he can say if he wasn't pushed into the Bor he would not have fallen in.
 
4. The Ba'al ha'Bor is Chayav even if the Shor is healthy because the Shor was pushed in and therefore he cannot say that the Shor should have looked where it was going.
 
5. It is not Gerama because the stone is regarded as a Bor and therefore the person who placed the stone is Chayav, while the person who dug the Bor is Patur because he can say that if it wasn't for the stone he would not have fallen in.
 
6. A Shor Pesulei Mukdashim is referring to a Bechor that is a Ba'al Mum and since a Bechor may not be redeemed even though it is eaten by the Kohen it has a Din of a Shor Hekdesh and it is Patur from paying for damages and therefore according to R. Nasan the other Shor pays the difference. However, a Shor Korban that was redeemed has a Din of a regular Shor Hedyot and pays for damages.
 
7. The owner of the Bor and the Shor are Chayav to pay Hezek but not the four payments of Tza'ar, Ripuy, Sheves and Boshes and they are also Patur for the payment for the miscarried child.

BRIEF INSIGHT

AN INTENTIONAL SHOVE
 
If a Shor and a person push a Shor into a Bor they are all Chayav to pay. Tosfos says that the person did not intentionally push the Shor into the Bor because if he did it intentionally he would be the only one to be Chayav and the Ba'al ha'Shor and Ba'al ha'Bor would be Patur. Just like if someone throws a Talis in a fire he would be Chayav for the entire Nezek and the Ba'al ha'Esh would be Patur, so too if someone intentionally pushes a Shor into a Bor the Ba'al ha'Bor is Patur. The Ketzos ha'Choshen says that although in a case that a person pushes a Shor into a Bor intentionally the Ba'al ha'Bor is Patur, however if the person and a Shor push an animal into a Bor together since the Shor also damaged intentionally the Ba'al ha'Shor must share in the payment.

QUICK HALACHAH

PARTNERS IN HEZEK
 
If a person and a Shor push a Shor into a Bor and the person pushed it unintentionally all three of them are Chayav. If the Shor was a Mu'ad they split the payments equally and if it was a Tam the Shor pays 1/6 and the remaining 5/6 is split between the person and the Ba'al ha'Bor. If a woman was pushed in a Bor and she miscarried the person pays everything and the Shor and Bor are Patur. If a person was pushed in they are all Chayav for Nezek and the person who pushed him in is solely responsible for the other four payments and if utensils were pushed in the Bor and they broke the person and the Ba'al ha'Shor are Chayav and the Ba'al ha'Bor is Patur. Some say that if two people cause a Hezek and they are both Bar Chiyuva and one of them ran away or does not have the money to pay the other person must pay for the entire Hezek. Some opinions argue however, and they hold that since they are both equally Chayav why should one pay the payment that the other person is Chayav just because he does not have any money. (Shulchan Aruch CM 410:34-37)

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