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BAVA KAMA 93

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SUMMARY

R. Chanan says someone who gives his friend over to Heaven to be judged will be judged first but only if there is a Beis Din on earth where he could have taken him to judgment.
 
A curse should not be taken lightly even if it comes from a regular person because Avimelch cursed Sarah and it came to fruition in her children. (1)
 
It is better to be chased than to be the one doing the chasing. (2)
 
If someone instructs his friend to blind him or break his hand or foot even if he says it is on condition that you is Patur he is Chayav. (3)
 
If someone instructs his friend to rip his clothing or break his jug he is Chayav, however if he says on condition that you are Patur he is Patur.
 
If someone instructs his friend to hit him if he says it is on condition that you are Patur he is Patur.
 
R. Yochanan says that there is no difference between breaking a hand and ripping clothing; if his friend asks him if it is on condition that he is Patur and he says yes in a sarcastic fashion his friend is Chayav but if he says yes without sarcasm he is Patur. (4)
 
If before someone gives an item to his friend to guard he instructs him that he should destroy or lose the item or give it to the poor the guard is Patur if he is negligent and the items is lost.
 
If he first gave him the item to guard and subsequently he tells him to destroy it, lose it or give it the poor he is Chayav if he is negligent and the items is lost.
 
If someone steals wood and makes utensils out of it or he steals wool and makes clothing out of it he is Koneh with a Shinuy and he must pay for it in accordance with its value at the time of the Geneivah.
 
If someone steals a pregnant cow and it gives birth or he steals a sheep loaded with wool and he shears it he must pay the value that it was worth at the time of the Geneivah. (5)
 
If someone steals a cow and it becomes pregnant and it gives birth or he steals a sheep and wool grows on it and he shears it he must pay the value of the cow or the sheep that it was worth at the time of the Geneivah.
 
If someone steals wood and smoothes it or stones and he chisels it or wool and he bleaches it or flax and he cleans it he is Koneh with a Shinuy and he must pay the value that it was worth at the time of the Geneivah.
 
Abaye says that a Shinuy that could revert back to its original state is Koneh d'Rabanan, while R. Ashi holds that it is not Koneh at all.
 
If a person shears wool and before giving the Reishis ha'Gaz to the Kohen he dyed all of the wool he is Koneh with a Shinuy and he is Patur from giving it to the Kohen.
 
If he bleaches the wool without dying it is not a Shinuy and he is not Koneh and he must give the Reishis ha'Gaz to the Kohen. (6)
 
If while shearing wool before he has enough for the Shi'ur of Reishis ha'Gaz, he dyes it, spins it or weaves the wool it doesn't combine for a Shi'ur and he is Patur from Reishis ha'Gaz.
 
If he bleaches the wool R. Shimon says that it doesn't combine for the Shi'ur and the Rabanan hold that it combines for a Shi'ur of Reishis ha'Gaz because bleaching is not a Shinuy.

A BIT MORE

1. He cursed her with blindness and when Yitzchak Avinu was old his eyesight was dimmed.
 
2. Pigeons and doves are birds that are chased the most and they are they only birds that may be brought as a Korban.
 
3. Rava says that he is Chayav because a person is not Mochel on his limbs and R. Sheshes says that he is Chayav because even though he is Mochel it brings shame on the family.
 
4, The reason that the Mishnah states regarding a physical injury he is Chayav and regarding a monetary damage that he is Patur, when in truth in both cases he is Patur if he says yes without sarcasm, is because a person is more likely to forgive a person for a monetary damage than a physical injury.
 
5. The extra value that it is worth now that it gave birth or he sheared the wool belongs to the Ganav because he is Koneh it with a Shinuy.
 
6. Abaye says that this is in accordance with the opinion of the Rabanan who hold that bleaching is not a Shinuy, while R. Shimon holds that bleaching is a Shinuy

BRIEF INSIGHT

CRYING TO HEAVEN
 
R. Yitzchak says someone who cries out to Hashem Yisbarach on his friend will be judged more harshly than the person he is crying about. Why is he judged so harshly for crying out if his friend wronged him? The Ben Yehoyada explains that even though his friend wronged him and is deserving of punishment, however oftentimes the victim is guilty of the very same offense that he perpetrated on someone else. Therefore when he cried out on his friend and requested that Hashem Yisbarach punish him harshly he is acknowledging that the perpetrator of such an offense deserved strict justice. Consequently, if the victim himself is guilty of the same offense since he is acknowledging that this offense deserves a harsh punishment he will be judged harshly from Heaven.

QUICK HALACHAH

BREAKING LIMBS
 
If someone instructs his friend to break his hand or blind him or breaks his foot even if he says on condition that you are Patur he is Chayav the five payments because it is obvious that a person does it want his friend to break his limb. However, some opinions hold that if he explicitly told him on condition that you are Patur that he is Patur. But if he didn't say it explicitly even though his words implies it we assume that he did not mean to Patur him. For example, if he instructed his friend to break his hand and the friend asks him if it was on condition that he shall be Patur and the Nizak said yes we assume when he said yes he was being sarcastic and the Mazik is Chayav. (Shulchan Aruch CM 421:12).

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