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1) A MU'AD CANNOT BE GUARDED

(a) (Mishnah): R. Elazar says, a Mu'ad cannot be guarded, it must be killed.
(b) Question (Rabah): What is R. Elazar's reason?
(c) Answer #1 (Rabah): He learns from "And he will not guard it" - (after becoming Mu'ad), it cannot be guarded.

1. Question (Abaye): If so - "And he will not cover (a pit)" - it can no longer be covered?!

i. Suggestion: Perhaps that is so!
ii. Rejection (Mishnah): If he covered a pit properly and an animal fell in and died, he is exempt.

(d) Answer #2 (Abaye): R. Elazar holds as R. Noson.

1. (Beraisa - R. Noson): "Do not put blood in your house" - a person may not raise a wild dog or erect a rickety ladder in his house.

2) A DOUBT HOW MUCH TO PAY

(a) (Mishnah): An ox gored a cow; a dead calf is by the cow, we do not know if the calf was born before the goring (and died by itself), or after the goring (and died on account of the goring). The ox pays half-damage for the cow, and quarter-damage for the calf.
(b) Similarly, a cow gored an ox; a calf is by the cow, we do not know if the calf was born before or after the goring. We collect half-damage for the ox from the cow, and quarter-damage from the calf.
(c) (Gemara - Rav Yehudah): Our Mishnah is as Sumchus, who says that when in doubt, we split the money;

1. Chachamim argue and say, the great general rule in monetary matters is: the one who wants to collect must bring proof.
2. Question: Why must they say 'this is a great general rule in monetary matters'?
3. Answer #1: To teach, even when the damagee makes a definite claim, and the damager is unsure.
4. Answer #2: To teach as Shmuel (as follows).

(d) Reuven sold an ox to Shimon; it was found to be a gorer.

1. (Rav): The sale is mistaken (and therefore void).
2. (Shmuel): Reuven can say, I sold it to you to slaughter (the sale is valid).
3. Question: Let us see if Shimon buys oxen for plowing or for slaughter!
4. Answer: The case is, he buys for both.
5. Question: Let us see if he paid the price of a plowing ox or an ox for slaughter!
6. Answer: The case is, the price is the same for both.

7. Question: If Reuven has nothing else to give Shimon in place of the money he owes, he may give him the ox!
8. Answer: The case is, Reuven has other money.

i. Rav says the sale is mistaken - we go after the majority, most people buy oxen for plowing;
ii. Shmuel says he can say, I sold it to you to slaughter - we only go after the majority in prohibitions;
iii. In monetary matters, the one who wants to collect must bring proof.

(e) Support (for Rav Yehudah - Beraisa - Sumchus): An ox gored a cow; a dead calf is by the cow, we do not know if the calf was born before or after the goring. The ox pays half-damage for the cow, and quarter-damage for the calf;

1. Chachamim say, the one who wants to collect must bring proof.

(f) (Rav Shmuel bar Nachmani): Chachamim learn this principle from "Whoever has a claim Yigash (will approach) them (Aharon and Chur)" - we read this, Yagish (he will bring (proof)) to them.
(g) Objection (Rav Ashi): Why must we learn from a verse - logic dictates this!

1. Rather, the verse teaches as Rav Nachman.
2. (Rav Nachman): We first listen to the one who claims that he should collect (and he collects before we hear the other party's claim) - "Whoever has a claim Yigash to them" - Yagish (he will bring his claim (first)).
3. (Chachamim of Nehardai): Sometimes we first listen to the defendant's claim, e.g. if his property is declining in value.

(a) (Mishnah): Similarly, Reuven's cow gored Shimon's ox...
(b) Question: Why does he pay half-damage (from the cow) and quarter-damage (from the calf) - he only owes half-damage!
(c) Answer #1 (Abaye): When the Mishnah says half-damage - it means, half of what he must pay, i.e. quarter-damage; when the Mishnah says quarter-damage, it means, eighth-damage.

1. If Reuven also owns the calf, he must pay half-damage no matter when the calf was born; the case is, Levi owns the calf.
2. [Version #1: If Shimon first demanded payment from Reuven, Shimon can say, your cow damaged my ox - you (alone) owe me half-damage, unless you can prove that the calf (was already born and) was a partner in the damage.

i. The case is, Shimon first demanded payment from Levi (he only gets an eighth because of the doubt). Now Reuven can say, you demonstrated that you believe that there was a partner in the damage, so I only need pay half the half-damage.]
ii. [Version #2: Even if Shimon first demanded payment from Reuven, Reuven can say, I believe there was a partner in the damage - I will only pay half the half-damage, unless you bring proof otherwise.]

(d) Objection (Rava): The Mishnah does not say quarter-damage and eighth-damage - it says half-damage and quarter-damage!
(e) Answer #2 (Rava): Really, Reuven also owns the calf. The Mishnah means: if the cow is here - the entire half-damage is collected from the cow;

1. If the cow is not here, quarter-damage is collected from the calf.
2. (Inference): The reason is, because we do not know if the calf was born before or after the goring - had we known it was born after (and was a partner in the damage), the entire half-damage could be collected from it!
3. This is as Rava taught - if a pregnant cow damaged, one may collect from the calf.
4. Question: Why is this?
5. Answer: It was part of the cow.

(f) A chicken damaged - we do not collect from the eggs.
(g) Question: Why is this?
(h) Answer: It is as something separate from the chicken.