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BAVA KAMA 98

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SUMMARY

If someone bangs the hand of his friend and his coins fly out into the sea he is Patur because he can say it is right here and you can retrieve it. (1)
 
If he grabs the coin and than he threw it into the sea he is Chayav to pay because he is a Ganav and he is obligated to return the stolen object.
 
Ma'aser Sheni may not be redeemed with money that is not presently in his possession such as if it is far away or it fell into the sea.
 
Rabah says if someone bangs the coin of his friend with a hammer and flattens out the image on the coin he is Patur because it is Grama.
 
If he rubs out the image on the coin he is Chayav because since he rubbed out some of the metal he is considered a Mazik.
 
If someone hits his servant in the eye and blinds him or on his ear and deafens the servant goes free.
 
If he hits next to the eye or ear and blinds him or deafens him the servant doesn't go free
 
Rabah says if someone deafens his father he is Chayav Misah because inevitably a drop of blood was spilled in his ear. (2)
 
Rabah says if someone cuts the ear of the cow of his friend causing making it a Ba'al Mum he is Patur because the cow is not worth any less and even though it has a Mum not every cow is brought as a Korban.
 
If someone does Melachah with the water for the Parah Adumah or with the Parah Adumah itself he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim. (3)
 
Rabah says if someone burns the Shtar Chov of his friend he Patur because he can say that all I did was burn a piece of paper.
 
Ameimar says that according to the opinion that a person is Chayav or Dina d'Garmi the person who burns the Shtar must pay the full amount written in the Shtar.
 
If a person steals Chametz before Pesach and someone burns it on Erev Pesach he is Patur because it is a Mitzvah to burn Chametz on Erev Pesach
 
If someone burns the Chametz after Pesach according to R. Shimon he is Chayav to pay the Gazlan for the loss that he caused him, while according to the Rabanan he is Patur. (4)
 
If a Shor killed a person if the owner sells it or is Makdish it or Shechts the Shor prior to the Gemar it is valid and if it gored while it is in the possession of a Shomer he may return it to the owner and he is Patur. (5)
 
After the Gmar Din of the Shor if the owner sells or is Makdish or Shechts the Shor it is not valid and if remained in the possession of the Shomer even after the Gemar Din if he returns it to the owner he is Chayav. . (6)
 
R. Ya'akov says that even if the Shomer returns the Shor after the Gemar Din he is Patur. (7)
 

 
If someone steals a coin and it is invalidated, or fruit and it partially rotted, or wine and it turned into vinegar, or Terumah and it becomes Tamei or Chametz and Pesach passes or an animal and an Aveirah was done with it he may return it and he is Patur.
 
If he stole an animal and it killed someone he may return it only prior to the Gemar Din according to the Rabanan. (8)
 
If someone gives a craftsman something to fix and he breaks it he is Chayav, if a carpenter is given a chest to fix and he breaks it he is Chayav.
 
R. Asi says that the carpenter is only Chayav if he was given a completed chest to fix but if he was given wood and he made a chest and than he broke it he is Patur because a craftsman is Koneh an object that he improves.
 
A builder who was hired to demolish a wall and he broke some of the stones he is Chayav.
 
If he was demolishing the wall on one side and the wall fell in on the other side he is Patur but if his banging caused it to break he is Chayav.

A BIT MORE

1. If the water is clear he can tell his friend I didn't do anything since you can see the coin and you can retrieve it, even though he must hire a diver in order to retrieve the coins it is considered Gerama and therefore he is not responsible to pay for the diver.
 
2. A person who wounds his father is only Chayav Misah if blood was spilled
 
3. A Parah Aduamah and the water of the Parah Adumah are Pasul if Melachah is done with them, however he is Patur because it is regarded as Gerama
 
4. Although Chametz after Pesach is forbidden to derive benefit from, however if the Gazlan returns the Chametz to the owner he is Patur, therefore R. Shimon although it has no value since it has replacement value it is regarded as an object of value and therefore the person who burns it must pay the Gazlan, while the Rabanan hold it is not regarded as having any value and therefore he is Patur.
 
5. And if the owner sells or is Makdish the Shor it is not put to death because the Shor must belong to the same owner from the time of the Misah until the Gmar Din
 
6. After the Gmar Din of the Shor it is forbidden to derive any benefit from it and therefore if the owner sells or is Makdish the Shor it is not valid.
 
7. Even though after the Gemar Din it is forbidden to derive any benefit from it, however a Shomer or a Ganav may return something even though it is Asur b'Hana'ah, however the Rabanan hold that the Shomer may not may return it after the Gmar Din because they hold that the Din of the Shor may not take place unless the Shor is present and the Shomer was negligent with that which he allowed the Shor to be brought to Beis Din for the Din and therefore he is regarded as a Mazik, while R. Ya'akov holds that the Din of the Shor may be judged even without the presence of the Shor and therefore the Shomer is not a Mazik.
 
8. R. Ya'akov holds he may return it even after the Gmar Din

BRIEF INSIGHT

GOING UP IN FLAMES
 
Ameimar says if someone burns the Shtar of his friend he must pay the amount that is written in the Shtar because a person is Chayav for Dina d'Garmi. How do we know the amount that is written in the Shtar? If witnesses testify the amount that is written in the Shtar we can simply write him a new Shtar and he did not lose anything! The Gemara answers that the person who burned the Shtar tells us the amount that is written in the Shtar. The Pnei Yehoshua asks if we are relying on the person who burned the Shtar he should be Patur because Dina d'Garmi is a Knas (according to Tosfos) and someone who admits a Knas is Patur. The Pnei Yehoshua answers the Shach says that the Knas of Dina d'Garmi is not the same as a regular Knas, the Rabanan instituted the Knas of Dina d'Garmi even in a case when the person admits the Knas. A person who admits a Knas is only Patur if he admits a Knas that is Min ha'Torah, not for a Knas that is d'Rabanan.

QUICK HALACHAH

DINA D'GARMI
 
We Pasken like R. Meir who holds that Dina d'Garmi is Chayav, however only if a person causes damage with Dina d'Garmi he is Chayav, but if the damage us caused by his animal he is Patur. Therefore, if someone pushed the coin of his friend until it falls in the sea he is Chayav even though he did not pick it up. So too someone who bangs the coin of his friend until the image is rubbed out even if it is not missing any of the metal he is Chayav. (Shulchan Aruch CM 386:1)

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