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BAVA KAMA 62

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BAVA KAMA 61-62 - Dedicated by Drs. Shalom and Syma Kelman of Baltimore in honor of their children and grandchildren.

SUMMARY

If someone ignites a fire in his own property and it spreads and causes damage according to the Chachamim he is Patur for concealed objects, while Rebbi Yehudah argues.
 
If he ignites the fire in the property of his friend the Chachamim agree that he is Chayav for concealed objects. (1)
 
Rebbi Yehudah agrees that if someone gives permission to his friend to put his grain stack in his property if his friend concealed objects in the grain the owner of the property is Patur for the concealed objects if it is consumed in a fire. (2)
 
If someone gives permission to his friend to place a stack of barley in his property and he instead places a stack of wheat in his property or vice versa the owner of the property is only Chayav to pay for the value of barley if he ignites it on fire.
 
If he gave him permission to place a stack of wheat in his property and he covered it with barley or he gave him permission for a stack of barley and he covered it with wheat he is only Chayav to pay for the value of barley. (3)
 
If someone gives a woman a Dinar of gold and he tells her that it is silver, if she damages it with her own hands she is Chayav because there is no excuse for damaging it with her own hands. (4)
 
If the gold Dinar was damaged as a result of her negligence she is only Chayav for the value of a Dinar of silver because she can say that I only accepted upon myself to guard silver.
 
A person who was the victim of a theft the Rabanan decreed that he has the right to swear concerning the value of the objects that were stolen from him and he collects it from the Gazlan.
 
If an Esh damages concealed objects he is Chayav according to Rebbi Yehudah and he has the right to swear concerning the value of the objects that were concealed and he collects it from the Mazik.
 
According to the opinion that a person must pay for Dina d'Garmi a Moser (one who gives over his friend's property to the authorities) is obligated to pay.
 
It is a Safek if a person who is a victim of a Moser has a right to swear concerning the value of the objects that he lost.
 
If someone throws his friend's money box in the river and the victim claims that there was a jewel inside it is a Safek if he must pay for the jewel.
 
If someone ignites a fire in the house of his friend and his friend claims that he had a silver goblet that was consumed by the fire if he is rich or someone trustworthy who may have been given the goblet to watch he is believed with a Shevu'ah.
 
A Chamsan is a person who pays for an object that he took by force against the will of the owner.
 
If a person is forced to sell something and he reluctantly says that he agrees to the sale it is a valid sale.
 
If a spark flies out from a hammer and causes damage he is Chayav.
 
If a camel was loaded with flax and the flax protruded into a store and the flax caught fire and burned the store down it is Chayav to pay.
 

 
If the storekeeper placed a fire outside his store and the a camel loaded with flax caught on fire the storekeeper is Chayav for the flax, however Rebbi Yehudah says that if it was a Ner Chanukah he is Patur for the flax.
 
If a Ner Chanukah is placed more than 20 Amos above the ground it is Pasul like just like a Sukah and a Mavoy.
 
A Ganav pays Kefel whether he steals livestock or inanimate objects, but he only pays four or five if he steals an ox or a lamb.
 
If someone steals from a Ganav he does not pay Kefel and if he slaughters or sells the animal he does not pay four or five.
 
R. Chiya Bar Abba says that if someone who is guarding an ox or lamb claims it was stolen if it is found in his hands he pays Kefel and if he slaughters it or sells it he pays four or five.
 
A person who steals land, servants or Shetaros or someone who steals from Hekdesh does not pay Kefel.
 
The carcass of animals are Metamei with Maga or Masa but the carcass of birds are not Metamei.

A BIT MORE

1. According to Rava the Chachamim hold that he is only Chayav for objects that are usual to be concealed, while Rebbi Yehudah holds that he is Chayav for everything.
 
2. Because the owner of the property only accepted upon himself to guard the grain not the concealed objects.
 
3. In the case that he covered the wheat with barley even though he gave him permission to place wheat in his property he is Patur because he can say he thought the entire stack was barley and therefore he did not guard it very vigilantly.
 
4. Even though in a case that he gave permission for someone to place barley in his Reshus and he places wheat there instead he is only Chayav for the price of wheat that is because he didn't damage it with his own hands as it was only damaged with Esh which is only a result if negligence.

BRIEF INSIGHT

TAKANAS NIGZAL
 
If an Esh damages concealed objects he is Chayav according to Rebbi Yehudah and he has the right to swear concerning the value of the objects that were concealed and he collects it from the Mazik. The Ra'avad says that the Nizak only has the right to swear regarding concealed objects because the Mazik has no idea what was concealed, but regarding revealed objects he does not have the right to swear if the Mazik claims that he is certain that the fire did not consume the items that the Nizak is claiming. However, the Rashba argues and he says that if the Nizak is believed regarding concealed object even though he knows he can claim anything he wants and the Mazik has no way of knowing if it is the truth then certainly he can claim revealed objects since he will not have the Chutzpah to make a false claim since the Mazik knows if he is lying.

QUICK HALACHAH

A BURNED HOUSE
 
If a person ignites a fire and it burns down his friend's house he is Chayav for everything that is normally kept in a house. The owner of the house makes a claim on what he had in the house and he swears with a Sefer Torah and he collects the entire claim, but only if he claims items that a person of his means can afford, or items that are usual for him to be given as a Pikadon. (Shulchan Aruch CM 418:13)

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