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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Kama 16
1) OTHER ANSWERS FOR THE MISHNAH (cont.)
(a) Answer #3 (Rav Zvid): The whole Mishnah is as Chachamim;
it is abbreviated, it means to say the following: there
are 5 Tam damagers, if they repeatedly damage, they
become Mu'ad.
1. Shen and Regel are Mu'ad from the beginning - this
is in the damagee's premises.
(b) Question (Ravina): A later Mishnah teaches 'an ox that
damages in the damagee's premises' - what is the case?
1. It only makes sense to ask 'what is the case' about
something that was already taught! (According to Rav
Zvid, the Mishnah does not discuss Keren in the
damagee's premises.)
(c) Answer #4 (Ravina): The Mishnah is abbreviated, it means
to say the following: there are 5 Tam damagers, if they
repeatedly damage, they become Mu'ad;
1. Shen and Regel are Mu'ad from the beginning;
2. (An ox that repeatedly damaged) is the Mu'ad the
Torah mentions;
3. An ox that damages in the damagee's premises - R.
Tarfon and Chachamim argue on this;
4. There are also other Mu'adim - a wolf, lion, bear,
leopard, Bardelus, and snake.
(d) A Beraisa explains exactly as Ravina.
(e) Question: The Mishnah says, there are (only) 5 Tamim and
5 Mu'adim - are there really no more?!
1. A wolf, lion, bear, leopard, Bardelus, and snake are
also Mu'adim!
(f) Answer (Ravina): The Mishnah is abbreviated, it says
thusly (as above)...
1. There are also other Mu'adim - a wolf, lion, bear,
leopard, Bardelus, and snake.
2) CROUCHING
(a) (Mishnah): An animal is not Mu'ad to crouch...
(b) [Version #1 (R. Elazar): This is only regarding big
vessels - but it is normal for it to crouch and break
small vessels.
(c) Suggestion: A Beraisa supports R. Elazar.
1. (Beraisa): An animal is Mu'ad to walk and to break
and crush people, animals and vessels. (It crushes
small people, animals and vessels by crouching.)
(d) Rejection: Perhaps it crushes them against a wall
(without crouching).]
(e) [Version #2 (R. Elazar): Not only regarding big vessels,
but even small vessels is abnormal to break by crouching.
(f) Question (Beraisa): An animal is Mu'ad to walk and to
break and crush people, animals and vessels.
(g) Answer (R. Elazar): Perhaps it crushes them against a
wall.]
(h) [Version #3 - Contradiction (Mishnah): An animal is not
Mu'ad to crouch;
1. (Beraisa): ...(It is Mu'ad to)...crush people,
animals and vessels.
(i) Answer (R. Elazar): It is Mu'ad to crouch on small
vessels, not on big ones.
3) OTHER MU'AD ANIMALS
(a) (Mishnah): A wolf, lion...
(b) Question: What is a Bardelus?
(c) Answer #1 (Rav Yosef): Apa (snake?).
(d) Question (Beraisa): R. Meir says (in addition to those of
our Mishnah), even a Tzavua (hyena?); R. Elazar says,
even a snake.
1. (Rav Yosef): Tzavua is an Apa.
(e) Answer: Bardelus is Apa, a female (some say male) Tzavua;
R. Meir adds, even a male (some say female) Tzavua.
1. (Beraisa): A male Tzavua changes every 7 years - it
becomes a bat, then a small bat, then a Kimush, then
a Chu'ach, then a Shed (demon).
2. A human spine becomes a snake after 7 years if he
does not bow at 'We thank you'.
(f) Contradiction (Beraisa): R. Elazar says, even a snake (is
also) Mu'ad.
16b---------------------------------------16b
1. (Mishnah): R. Elazar says, if (a wolf, lion...) are
domesticated, they are not Mu'ad!
(g) Correction: The Beraisa should read, R. Elazar says,
(only) a snake is Mu'ad.
4) HOW LIONS NORMALLY EAT
(a) (Shmuel): If a lion ate from an animal (without killing
it) in public domain, it is exempt; if it first killed
the animal, it is liable.
1. It is exempt for eating without killing, for this is
normal; Shen is exempt in a public domain;
2. If it first killed the animal, it is liable - this
is abnormal, Keren is liable in a public domain.
(b) Question: Is it really abnormal for a lion to kill an
animal - "A lion tears for its cubs"!
(c) Answer: A lion tears for its cubs, nor for itself.
(d) Question: "(And it) chokes for female lions, and fills
(holes of) its dwelling with torn animals."
(e) Answer: But it does not kill to eat.
(f) Question (Beraisa): Also a Chayah (i.e. just as a lion)
that entered the damagee's premises, tore an animal and
ate meat, pays full damage.
(g) Answer #1: The case is, it tore the animal to store it.
1. Question: But it says, it ate meat!
2. Answer: It tore it intending to store it, then it
reconsidered and ate it.
3. Objection #1: How would we know that?
4. Objection #2: Shmuel said that one pays if it kills
- he should be concerned, perhaps it tore to store
up then reconsidered!
(h) Answer #2 (Rav Nachman bar Yitzchak): The Beraisa means,
if it tore an animal to store it or it ate meat without
killing, it pays full damage.
(i) Answer #3 (Ravina): Shmuel speaks of a domesticated lion,
according to R. Elazar.
1. Question: If so, even eating without killing should
be considered abnormal!
2. Correction: Ravina did not explain Shmuel, rather he
meant that the Beraisa speaks of a domesticated
lion, according to R. Elazar.
3. Question: If so, it should only pay half-damage!
4. Answer: The case is, it became Mu'ad.
5. Question: If so, why was this taught regarding
derivatives of Shen - it is a derivative of Keren!
i. This is left difficult.
5) THE DIFFERENCE BETWEEN TAM AND MU'AD
(a) (Mishnah): The difference between Tam and Mu'ad is that
Tam pays half-damage mi'Gufo (up to its own value), and
Mu'ad pays full damage from the Aliyah.
(b) (Gemara) Question: What is the Aliyah?
(c) Answer (R. Elazar): The Me'ulah (best) of the damager's
property.
1. (R. Elazar): "They buried (Chizkiyahu) in Ma'alei of
the tombs of the house of David" - by the best of
the family, David and Shlomo.
6) AGADIC TEACHINGS OF R. ELAZAR
(a) Question: "They buried (Asa) in the bed...full of spices
and Zenim" - what are spices and Zenim?
(b) Answer #1 (R. Elazar): Many types of spices.
(c) Answer #2 (R. Shmuel bar Nachmani): Spices that incite
people to Zimah (immorality).
(d) (R. Elazar): "They dug a pit to trap me" - people
suspected Yirmeyahu of having sinned with a Zonah;
(e) (R. Shmuel bar Nachmani): They suspected that he sinned
with a married woman.
1. We understand R. Elazar's source - "A Zonah is a
deep pit".
2. Question: What is R. Shmuel's source?
3. Answer: A married woman that has adultery is also a
Zonah!
4. Question: "All their counsel is upon me, to die" -
this applies to relations with a married woman, not
with a Zonah!
5. Answer: They cast him into a pit of mud.
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