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BAVA KAMA 56

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SUMMARY

If someone knocks down a dilapidated wall in front of the animal of his friend and allows it to escape, he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim. (1)
 
If someone bends his friend's produce in front of a fire and it catches fire in an unusual wind he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim.
 
R. Ashi says if someone covers his friend's crops that are about to be incinerated in a fire and since it is Tamun the Ba'al ha' Esh is Patur he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim.
 
If someone hires false witnesses to testify for his friend he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim.
 
If one witness knows testimony in favor of his friend and fails to testify he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim. (2)
 
If someone does Melachah with the water of the Parah Adumah or with the Parah Adumah itself he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim. (3)
 
If someone places poison in front of the animal of his friend he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim.
 
If someone sends a fire with a deaf-mute, Shoteh or Katan he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim.
 
If someone screams in his friend's ear and frightens him he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim.
 
If someone breaks his pitcher in Reshus ha'Rabim or his camel fell in Reshus ha'Rabim and he did not pick it up R. Meir holds that he is Chayav wile the Chachamim hold that he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim.
 
If someone locks up his animal properly and it escaped at night or it was broken out by bandits and it causes damage he is Patur.
 
If someone is negligent in the beginning and at the end there was an Ones it is a Machlokes if he is Chayav.
 
If an animal was left out in the sun and it breaks out and causes damage the owner is Chayav even if it dug and toppled the wall because an animal that is left in the sun will go to great length to break out. (4)
 
If someone locked up his animal properly and it was taken out by bandits and it caused damage the bandits are Chayav even if they did not do Meshichah on the animal and they only stood in front if it or banged it with a stick.
 
If someone stands in front if an animal or he bangs it with a stick and leads it to a field and it causes damage he is Chayav.
 
If someone gives over his animal to a Shomer, Sho'El, or Socher they are responsible to guard the animal and if it causes damage they are Chayav.
 
Rava says that if one Shomer gives over the object that he is guarding to another Shomer the first Shomer is Chayav if it is damaged or lost. (5)
 
If a shepherd gives over an animal to his apprentice the apprentice is responsible to guard the animal and if it causes damage the apprentice is Chayav. (6)
 
Rabah holds that a person who is guarding a lost object is regarded as a Shomer Chinam.
 
R. Yosef holds that he is regarded as a Shomer Sachar because the money that he saves as a result of being Patur from giving Tzedakah to a poor person is regarded as wages for watching the lost object. (7)

A BIT MORE

1. He is Patur for the wall because it was anyway about to come down and he is Patur for the animal because it is Gerama.
 
2. The testimony of one witness is believed to be Mechayev a Shevu'ah and maybe he would have refused to swear and he would have been Chayav money as a result of his testimony.
 
3. If a Melachah is done with the water of the Parah Adumah before the ashes are placed in the water, or if Melachah is done with the Parah Adumah itself it is Pasul. However the person who did the Melachah is Patur b'Dinei Adam because it is an indiscernible Hezek.
 
4. Even according to the opinion that someone who is negligent in the beginning and there was an Ones at the end that caused the damage is Patur, in this case he is Chayav because it is considered negligence from the beginning until the end since an animal that is in distress will find any way possible to break out.
 
5. The first Shomer is Chayav even for an Ones because the owner can say to him I only trusted you with a Shevu'ah I don't trust the Shevu'ah of the second Shomer.
 
6. Even according to Rava the first Shomer is off the hook because it is usual for a shepherd to give over the animals to his apprentice.
 
7. A person who is guarding a lost object is occupied in a Mitzvah and someone who is occupied in a Mitzvah is Patur from any other Mitzvah that comes along.

BRIEF INSIGHT

CHAYAV B'DINEI SHAMAYIM
 
If someone knocks down a dilapidated wall in front of the animal of his friend and allows it to escape, he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim. The Me'iri says that someone who is Chayav b'Dinei Shamayim is Pasul for Edus until he pays the money that he Chayav. Even though he is Patur b'Dinei Adam he is considered a Gazlan if he refuses to pay the money that he is Chayav b'Dinei Shamayim because it was forbidden for him to cause the Hezek.

QUICK HALACHAH

BENT PRODUCE
 
If someone bends the produce of his friend toward a fire so that it will catch fire if the fire can reach the produce with a usual wind he is Chayav, however if the fire can only reach it with an unusual wind he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim. If the unusual wind is already blowing at the time that he bends the produce he is Chayav. (Shulchan Aruch CM 418:11)

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