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BAVA KAMA 55

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SUMMARY

In the first Dibros the Pasuk states 'Tov' but in the second Dibros it does not state 'Tov'. (1)
 
If someone sees the letter 'Tes' in his dream it is a good sign because the first 'Tes' in the Torah is the word 'Tov'.
 
If someone sees the word 'Hesped' in his dream it indicates they took pity on him in Heaven and redeemed him.
 
A Tarnegol, Tavas and Pisyoni (three different types of birds) are separate Minim and are Kilayim with each other.
 
A goose and a wild goose are considered two separate Minim and are Kilayim with each other. (2)
 
If someone breeds two separate types of fish together it is a transgression of the prohibition of Kilayim.
 
If someone ties a wagon to a goat on land and a fish in the sea and the two of them pull it together it is a Safek if it is a transgression of the prohibition of Kilayim.
 
If someone plants a kernel of wheat in Eretz Yisrael next to the border and a kernel of barley next to it in Chutz la'Aretz it is not a transgression of the prohibition of Kilayim. (3)
 
If someone locks up his sheep properly and it escapes and causes damage with Shen or Regel he is Patur.
 
If he did not lock up his sheep properly and it escapes and causes damage he is Chayav.
 
If the animals escape at night or bandits broke knock down the wall of the pen and allowed them to escape and they cause damage he is Patur.
 
If he left the sheep in the sun or he gave the sheep to a deaf-mute, Shoteh or Katan and they escaped and caused damage even if he locked them up properly he is Chayav.
 
If the sheep was given to a shepherd the shepherd is responsible for damages that they cause.
 
If the sheep fell accidentally into the garden and ate produce the owner only pays for the benefit. (4)
 
If the animal walks into a garden and eats produce the owner must pay for damages.
 
When the owner pays for the damage of Shen we evaluate how much a Beis Se'ah in the field was worth before the damage and how much it is worth after the damage and the owner must pay the difference. (5)
 
R. Shimon says that if the animal ate ripe produce the owner must pay for the entire value of the produce.
 
A door that can stand up to a usual wind is a proper Shemirah, while a door that cannot stand up to a usual wind is an improper Shemirah.
 
R. Meir holds that a second-rate Shemirah is not a sufficient Shemirah for a Shor whether it is a Tam or a Mu'ad.
 
Rebbi Yehudah holds that a second-rate Shemirah is sufficient for a Mu'ad and not for a Tam.
 
R. Eliezer holds that even if the owner of a Mu'ad guards the Shor with a superior Shemirah he is Chayav.
 
The Torah requires only a second-rate Shemirah for Bor, Esh, Shen and Regel. (6)
 
Someone who knocks down a wall in front of the animal of his friend, or bends his friend's produce in front of a fire, or hires false witnesses or refuses to testify for his friend is Patur b'Dinei Adam and Chayav b'Dinei Shamayim.

A BIT MORE

1. The first Dibros do not state 'Tov' since the Luchos would end up being broken and Chas v'Shalom that 'Tov' would be taken from Yisrael.
 
2. The Beitzim of one is on the outside and the Beitzim of the other is on the inside or because the female of one carries only one egg at a time while the other carries two eggs at a time and therefore they are separate Minim.
 
3. The prohibition of Kilayim only applies in Eretz Yisrael, not in Chutz la'Aretz.
 
4. Since it was an Ones the owner is Patur for damages but he must pay for the benefit that was accrued as a result of his animal eating the produce.
 
5. It is a Gezeiras ha'Kasuv that the owner does not have to pay the entire value of the produce and he only must pay the amount of the depreciation of the Beis Se'ah as a result of the damage which is much less than the true value of the produce.
 
6. Even according to R. Meir who holds that both a Shor Tam and Mu'ad require a superior Shemirah a Bor, Esh, Shen and Regel do not require a superior Shemirah.

BRIEF INSIGHT

THE WORLD THAT IS COMPLETELY GOOD
 
In the first Dibros the Pasuk states 'Tov' but in the second Dibros it does not state 'Tov'. In the first Dibros the Pasuk states 'in order that your days will be lengthened' and in the second Dibros the Pasuk states 'in order that your days will be lengthened and in order that you will have good'. Chazal explain 'in order that your days will be lengthened' is a reference to the world that is completely long and 'in order that you will have good' is a reference to the world that is completely good. The Pnei Yehoshua explains the world that is completely good is a reference to the world of the Neshamos after death or the world after Techiyas ha'Mesim. At the time the Torah was given Klal Yisrael was destined to live forever and therefore it was unnecessary for the first Dibros to make a reference to the world that is completely good since it only applies after death and Klal Yisrael was destined to live forever. However, the world that is completely long applies even in this world after Hashem Yisbarach renews the world.

QUICK HALACHAH

GUARDING A MU'AD
 
It is sufficient to guard a Shor Mu'ad or Shen and Regel that are a Mu'ad from the beginning with a second-rate Shemirah. Therefore if the owner tied the animal with a rope or guarded it somewhat and it escaped and caused damage the owner is Patur. However, a Shor Tam must be guarded with a good Shemirah; a rope or a second-rate Shemirah is not sufficient. What is considered a good Shemirah? A door that can hold up to an unusual wind. If it can only hold up to a usual wind it is regarded as a second-rate Shemirah. If it cannot even hold up to a usual wind it is not regarded as a Shemirah at all and he is Chayav if the animal escapes. Even if the wind didn't blow the gate down and instead bandits broke the gate or the animal dug its way out or it dug until the gate fell down he is Chayav because he was negligent in the beginning with the fact that he didn't guard it properly and even though at the end it was an Ones that allowed the animal to escape the Din is that if in the beginning he was negligent and at the end it was an Ones that came about as a result of his negligence. (Shulchan Aruch CM 391:1)
 
It is regarded as if the Ones came about by way of his negligence because if he had locked it up properly the gate would not have fallen as a result of the digging of the animal. (Sma)

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