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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 17
1) HONORABLE BURIAL
(a) (Rava): "They should stumble in front of you" - even when
they give Tzedakah, make them stumble, by presenting them
with unworthy recipients, so they will not get reward.
(b) "They honored (Chizkiyahu) in his death" - they learned
by his grave.
1. R. Noson and Rabanan argued if they learned for 3 or
7 days, some say for 30.
(c) (Beraisa - R. Yehudah): "They honored (Chizkiyahu) in his
death" - 36,000 people, all of whose shoulders were bare
(from having torn their garments) walked in front of him;
1. (R. Nechemyah): They did the same for Achav (so why
is this considered a special honor)!
i. Rather, they put a Sefer Torah on his bed, and
said that he fulfilled all that is written in
it.
2. Question: We do that today (so why was this such a
special honor)!
3. Answer #1: We take out a Sefer Torah, but we do not
put it on the bed.
4. Answer #2: We put it on the bed, but we do not say
that he fulfilled all that is written in it.
(d) (Rabah bar bar Chanah): I asked this of R. Yochanan. He
had to relieve himself, he didn't answer until he washed
his hands, put his Tefilin back on and blessed on them.
(e) (R. Yochanan): We even say that a person fulfilled the
Torah - but we do not say that he taught Torah.
(f) Question: But learning is great because it leads to
fulfilling (this shows, fulfilling is greater)!
(g) Answer: Fulfilling is greater than learning, but teaching
is greater than fulfilling.
(h) (R. Yochanan): "Happy are you that put seeds on all
water, that send oxen and donkeys (to thresh and carry
the grain)" - anyone that engages in Torah and Chesed
merits the inheritance of 2 tribes;
1. "Putting seeds" is Tzedakah - "Sow for yourselves
Tzedakah, you will reap according to the Chesed
(that Hash-m will do for you)";
2. "Water" refers to Torah - "All that are thirsty, go
to water".
3. They merit the inheritance of Yosef and Yisachar,
who are called 'ox' and 'donkey'.
***** PEREK KEITZAD HA'REGEL *****
2) REGEL
(a) (Mishnah): How is Regel Mu'ad? To break things when the
animal walks normally.
1. If it was kicking, or pebbles were being strewn by
its feet and vessels were broken, it pays
half-damage.
(b) If it trampled on a vessel and broke it, and (fragments)
broke another vessel - it pays full damage for the first
vessel, half-damage for the second.
(c) Chickens are Mu'ad to walk normally and break things;
1. If something was tied to its leg, or if it was
dancing and broke vessels, it pays half-damage.
17b---------------------------------------17b
(d) (Gemara - Ravina) Question: Why does the Mishnah switch
from 'Regel' to 'animal'?
(e) Answer (Rava): Regel is the primary damager; (other parts
of the) animal are the secondary damagers.
(f) Question (Ravina): But the continuation of our Mishnah
switches from 'Shen' to 'animal' - what secondary
damagers of Shen does it refer to?
(g) Answer (Rav Ashi): It teaches Shen of wild and domestic
animals.
1. One might have thought, "He will send his B'iro"
only refers to a domestic animal - we hear, this is
not so, 'B'iro' includes Chayos.
(h) Question: The Mishnah should teach domestic animals
before Chayos!
(i) Answer: Since Chayos were not said explicitly, the Tana
had to expound to learn it, it is dear to him, he teaches
is first.
(j) Question: If so, also by Regel, the Tana should teach
Chayos first!
(k) Answer #1: No - regarding Shen, both are primary
damagers, he first lists the one that is not explicit;
1. Regarding Regel, we should not list the secondary
damager (its body) before the primary damager (the
foot)!
(l) Answer #2: Since the prior Mishnah (15B) mentioned Regel
last, this Mishnah begins with Regel.
3) PEBBLES ("TZEROROS")
(a) (Beraisa): An animal is Mu'ad to walk normally and break
things;
1. If it entered the damagee's premises, it pays full
damage for damage by: its body or hair as it walked;
its saddle, bag, bridle in its mouth, or bell on its
neck; a donkey with its load;
i. Sumchus says: pebbles, or a pig that was
digging with its snout in the wasteheap and
damaged, pay full damage.
ii. Question: If a pig damaged, of course it pays
full damage!
iii. Answer: Rather, it strewed up refuse and
damaged.
2. Question: Why does Sumchus mention pebbles - the
first Tana did not speak of this!
i. Answer: The Beraisa is abbreviated, it says
thusly: for pebbles kicked up normally,
half-damage; a pig that was digging and strewed
up refuse and damaged, it pays half-damage;
ii. Sumchus says, these cases pay full damage.
(b) (Beraisa): Chickens fluttered from place to place and
broke vessels with their wings - they pay full damage;
1. If the wind from their wings broke the vessels, they
pay half-damage; Sumchus says, full damage.
(c) (Beraisa): Chickens were dancing on a dough or fruits and
dirtied or pecked holes in them - they pay full damage;
1. If they kicked up dirt or pebbles, they pay
half-damage; Sumchus says, full damage.
(d) (Beraisa): A chicken was fluttering from place to place;
wind from its wings broke vessels - it pays half-damage.
1. This anonymous Mishnah is as Chachamim.
(e) (Rava): We understand Sumchus - he holds that impetus
(the damager set something in motion, and it damaged) is
as bodily damage;
1. Question: If Chachamim say it is as bodily damage,
they should say it pays full damage; if it is not as
bodily damage, it should be exempt!
(f) Answer (Rava): It is as bodily damage - a tradition from
Moshe from Sinai teaches that one only pays half for
damage caused by pebbles that the animal kicks
("Tzeroros").
(g) (Rava): Any case that imparts Tum'ah by a Zav (i.e.
touching), pays full damage by damages; anything Tahor by
a Zav (i.e. throwing), pays half-damage.
(h) Question: Is Rava just teaching the law of Tzeroros?!
(i) Answer: No - he teaches the law of a calf pulling a wagon
(it pays full damage if the wagon damages, half-damage if
it strews up pebbles and they damage).
(j) Support (Beraisa): An animal is Mu'ad to break things as
it walks;
1. If it entered the damagee's premises, it pays full
damage for damage by its body...or a calf pulling a
wagon.
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