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BAVA KAMA 9

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SUMMARY

If Reuven sold a field to Shimon without a guarantee and people were claiming that it never belonged to Reuven Shimon may only back out if he had not yet made a Chazakah on the field.
 
Some say that even if Reuven sold the field with a guarantee Shimon may not back out if he had made a Chazakah. (1)
 
R. Huna says that a Mazik must pay for damages with Kesef or with the best of his Karka, however if he does not have Kesef or Meitav he may pay with other items. (2)
 
If two brother split up an inheritance with one brother taking Kesef and the other brother taking Karka, if the Karka is taken from the brother by a Ba'al Chov of the father it is a Machlokes if the other brother must split the Kesef with his brother. (3)
 
If two brothers split up land that they inherited and a Ba'al Chov of the father took the portion of one of the brothers, according to Rav the remaining Karka must be divided again between the two brothers. (4)
 
Shmuel holds that the brother who lost his land to the Ba'al Chov of the father has no claim to the remaining land that his brother received. (5)
 
R. Asi holds that the brother who lost his land to the Ba'al Chov of the father receives only a quarter of the remaining land and his brother may compensate him with either Kesef or Karka. (6)
 
A person is not obligated to pay a third of the money that he possessed for one Mitzvah.
 
A person should spend a third of the expense of a Mitzvah for Hidur Mitzvah.
 
If a person spends more than a third for Hidur Mitzvah he will be compensated in this world for the first third and for the rest he will be rewarded in the next world
 
A person who is obligated to guard a potential Mazik he is responsible for any damage that it causes.
 
If a person is responsible for part of the Nezek he must pay for all of the Nezek.
 
A person is not obligated to pay for a damage that is caused to Hekdesh, or a Nochri, or Hefker or in the Reshus of the Mazik.
 
Someone who sends a hot coal with a deaf-mute, insane person or Katan, he is Patur from Dinei Adam, however if he sent a flame with one of these people he is Chayav according to Reish Lakish because it is a definite Mazik.
 
R. Yochanan holds that even if he sent a flame with one of these people he is Patur because it was the act of the deaf-mute that caused the fire. .
 
If someone gives over to a deaf-mute, insane person or a Katan a tied ox or a covered pit and it causes damage he is Chayav according to Reish Lakish. (7)
 
If a Shor Mu'ad kills a person the owner must pay Kofer, if the Shor kills a servant the owner must pay 30 Shekalim to the master.
 
If a Shor kills a person it is put to death and once the Din was decided to put it to death it is forbidden to derive benefit from the Shor.
 
If a person falls into a
 
Bor and is killed the owner of the Bor is Patur.

A BIT MORE

1. Even though people were claiming that it never belonged to Reuven and he has a guarantee on the field Reuven can say when it gets taken from you I will compensate you.
 
2. R. Huna argues with R. Papa and R. Huna Bar Yehoshua who said previously that all items are considered Meitav except for land.
 
3. Even though both brothers are equally obligated to pay back the debts of the father nevertheless according to one opinion the brother who took the Kesef can say to his brother that I took the Kesef with the understanding that if it stolen I will not be compensated and you took the Karka with the understanding that if it taken from you by a Ba'al Chov you will not be compensated.
 
4. Rav holds that all of the brothers are obligated to pay the debt of their father and therefore if the land gets taken from one of them the remaining land must be divided equally between them.
 
5. Shmuel holds that when the two brothers divided the land between them it is considered that the brothers bought the land from each other without a guarantee and therefore if one of them loses his land to a Ba'al Chov of the father he is not compensated by his brother.
 
6. R. Asi is in doubt whether the brothers are considered inheritors or buyers and since it is a Safek he holds that he receives half of his claim which is the value of a quarter of the remaining land.
 
7. A tied ox often loosens on its own and a cover of a pit often rots away on its own and therefore he is at fault if a damage is caused even if it was the deaf-mute that untied it or removed its cover, however a hot coal burns itself out and does not cause a fire on its own unless someone actively uses it to start a fire therefore he is not at fault of the deaf-mute starts a fire with it.

BRIEF INSIGHT

AN EXPENSIVE MITZVAH
 
A person is not obligated to pay a third of the money that he possessed for one Mitzvah. The Ra'avad asks how can a price tag be placed on a Mitzvah, one Mitzvah is worth more than all of the money in the world! The Ra'avad
 
Answers that the Rabanan do not want a person to become impoverished and be forced to take charity. However the Rasha says that this only refers to a Ma but with regards to a Mitzvas Lo Sa'aseh a person must give up a;; of his money before he transgressed a Mitzvas Lo Sa'aseh. For the same reason the Chachamim decreed that a person may not give more than a fifth of his money for charity. R. Huna says that a Mazik must pay for damages with Kesef or with the best of his Karka, however if he does not have Kesef or Meitav he may pay with other items. Rabeinu Tam says that there are three different types of payments. A Mazik must pay with Kesef ro Meitav but f he does not have he may pay with anything, while a Ba'al Chov must pay with Kesef if he has but if he does not have Kesef he is not obligated to attain the Kesef and he may pay with anything. A person who hires workers must pay with Kesef and if he does not have Kesef he is obligated to attain Kesef in order to pay his workers and he may not pay them with anything else.

QUICK HALACHAH

SPENDING ON A MITZVAH
 
Someone who does not have an Esrog or some other passing Mitzvah he is not required to spend a huge sum of money for the Mitzvah as Chazal teach is that a person should not spend more than a fifth of his money even for a passing Mitzvah, however this only applies to a Mitzvas Aseh but for a Mitzvas Lo Sa'aseh a person must spend all of his money before he transgressed. (Shulchan Aruch OC 656:1)

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