(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


brought to you by Kollel Iyun Hadaf of Har Nof

Ask A Question on the daf

Bava Kama 2

BAVA KAMA 2 - the opening Daf in Seder Nezikin has been dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, to the memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel, whose Yarhzeit is tomorrow (10 Av).

The numbers that appear next to certain entries represent the number assigned to those items in the diagram of the Beis ha'Mikdash of the Tiferes Yisrael (e.g. TY #43). This diagram, which will be included in a separate mailing and can be found on our site, is printed both in the Tiferes Yisrael Mishnayos (in Midos Chapter 2 or following Midos) and in Rav P. Kahati's Mishnayos (page 290, at the beginning of Midos).

1) [line 2] AVOS NEZIKIN
(a) The Torah delineates specific laws of damages that describe in which case, by which method and how much a Jew is obligated to pay when he or his possessions cause damage to others. Our Mishnah lists four basic types (Avos) of damaging agents for which the offender must pay the person that was damaged. There are other situations that obligate a person to pay which are sub-divisions (Toldos) of these main categories. These four damaging agents are as follows:
(b) SHOR - The Av Nezek of Shor may include three categories of damage which can be caused by an ox (or any other animal that a person owns): Keren (damage with the horn), Regel (damage done with the foot) and Shen (damage done with the tooth).

1. KEREN (horn) - An ox that gores or causes through in any other *unexpected* manner. When damage done in such a manner, it is usually assumed that the ox (or other animal) acted with the clear intention of causing damage, as opposed to the next two categories, in which the ox had other intentions at the time it caused damage. This type of damaging agent is sub-divided into two categories: Tam,and Mu'ad, as follows:
i. An ox (or other animal) that gores two times or less is referred to as a Tam. The owner only pays half the value of the damages (Chatzi Nezek) that his ox causes in this manner. In addition, the owner of the ox that caused the damage never has to pay more than the value of the ox that damaged. That is, payment for the damages is taken from the animal itself that caused the damage (mi'Gufo).
ii. If the ox gored three times or more, and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad. When a Mu'ad causes damage, the owner must pay the full value of the damages (Nezek Shalem) that his ox causes through goring, even if it is greater than the value of the goring ox itself (Min ha'Aliyah).

2. REGEL (foot) - An ox (or other animal) that unwittingly causes damage by trampling or otherwise mutilating an item (or person or animal), while walking or acting in its normal manner. When an ox causes damage in this manner in Reshus ha'Rabim, the owner is exempt from paying for damages (since the owner of the damaging ox did nothing wrong, but simply walked his ox in a place in which it is permitted for it to walk; see ROSH end of Bava Kama 1:1; Bava Kama 17b). However, if the ox enters private property without permission, and causes damage in such a manner to the owner of the property or to his possessions, the owner of the damaging ox must pay in full for the damages incurred.
3. SHEN (tooth) - An ox (or other animal) that causes damage by eating or otherwise deriving benefit from another person's property. (According to some Rishonim, the ox must derive *physical* benefit from the other person's object in order for his damages to be described as Shen, see Rashi Bava Kama 17b). The laws of Shen are identical to the laws of Regel.
(c) BOR - When a person digs a pit in Reshus ha'Rabim (public property) and does not cover it properly, and an animal passing through Reshus ha'Rabim falls into the pit, the Torah requires that the person who dug the pit pay for the damages. Even though the pit is not his private domain but is ownerless, and even though the pit did nothing to attack the animal but rather the animal walked into the pit on its own, he is nevertheless responsible.
1. In certain circumstances, the Torah exempts a person who digs a pit in Reshus ha'Rabim from the damages it causes. For example: 1. according to some (Chachamim), if utensils fall in and break; 2. if an animal of Pesulei ha'Mukdashim falls in and dies or is hurt; 3. if an animal falls in and dies and the pit was not ten Tefachim deep; 4. if a person falls in and dies, even if the pit was ten Tefachim deep (see Insights to 4b, for Rashi's opinion on this matter).
(d) MAV'EH - The Amora'im (Gemara, 3b) argue as to the definition of the word "Mav'eh" in our Mishnah
1. Rav maintains that Mav'eh refers to a *person* who causes damage (Adam ha'Mazik).
2. Shmuel maintains that Mav'eh refers to the damaging agent of Shen (see above, b:3).
(e) HEV'ER - The Av Mazik of Esh, fire. The Amora'im argue (Daf 21; see Insights there) why a person is responsible to pay for damages done by his fire. Some maintain that damage caused by fire is similar to that caused by a person himself by, for example, throwing a stone or shooting an arrow (Esho Mishum Chitzo). Others maintain that the damage caused by fire is not considered to done directly by the person who lit the fire (or helped it spread), since the path of the fire is determined not only by the way it was lit, but also by the way the wind blows. According to the latter opinion (Esho Mishum Memono), when a person does not properly guard his fire from spreading, it is comparable to not guarding one's ox from causing damage. 1. In certain circumstances, the Torah exempts a person who causes damage through fire from paying for the damages it causes. For example, if an object is hidden under, or inside of, other objects, some (the Chachamim) maintain that the one who ignited the fire does not have to pay its full value.

2) [line 9] B'MEITAV HA'ARETZ - with land of the highest quality If a person cannot pay back his debts, the creditor can receive payment by transferring ownership of a plot of land of the debtor into his hands. For this purpose, Chazal classified plots of land using three levels of quality: Ziburis - the poorest quality, Beinonis - average quality, and Idis - the highest quality. Damages (Nezikin) are reimbursed with Idis. Standard loans (Halva'os) and debts (Chovos) are repaid using Beinonis. The value of a Kesuvah or debts owed by orphans for claims on their father's estate are paid using Ziburis.

3) [line 10] TOLDOS - secondary categories of damaging agents

4) [line 14] LO SHENA AV, CHATAS; LO SHENA TOLDAH CHATAS - it makes no difference [if an] Av [Melachah was performed unintentionally, the person is liable to bring a Korban] Chatas; it makes no difference [if a] Toldah [of an Av Melachah was performed unintentionally, the person is also liable to bring a Korban] Chatas

5) [line 14] CHATAS / SEKILAH
(a) There are thirty-nine Avos Melachos (categories of creative acts) that are forbidden mid'Oraisa on Shabbos. Each Av Melachah has Toldos (secondary categories) that are also forbidden mid'Oraisa. All 39 of the Avos Melachos and their Toldos are included in one prohibition by the Torah with the words, "...Shabbos Shabbason la'Sh-m; Kol ha'Oseh Vo Melachah Yumas." - "It is a day of complete rest to HaSh-m; whoever does work on it will be put to death." (Shemos 35:2). A list of the Avos Melachos is found in the Mishnah in Shabbos 73a (see Background to Shabbos 73:6).
(b) A person who transgresses one of the Avos or Toldos of Shabbos and was unaware that the act was a Melachah, *or* he was unaware that the day was Shabbos, needs to bring a Korban Chatas to atone for the sin. If he had full intent to do the Melachah, he may be liable to Kares (his life is cut short and/or his children will die out) or Sekilah (Halachic stoning). Kares applies if he was not warned, and two witnesses did not see the act. Sekilah applies if he did the Melachah after receiving a proper warning not to do it, and two witnesses saw him do it. (According to Isi ben Yehudah, transgressing a particular *one* of the thirty-nine Melachos never results in Sekilah, but it is not known which one - Gemara 6b and Tosfos ibid. DH Ha)
(c) Besides Avos and Toldos, there are many acts that are forbidden mid'Rabanan, and the Gemara usually states that a person who does them is Patur (exempt; free of liability). The intention is that he is "Patur Aval Asur" (exempt from those punishments that apply to d'Oraisa transgressions, but the act is prohibited, and he is liable to punishment mid'Rabanan.) (Rambam Hilchos Shabbos 1:3).

6) [line 18] IY NAMI SHTEI TOLADOS BA'HADEI HADADEI - two Toldos from different Avos

7) [line 22] HACH D'HAVAH BA'MISHKAN CHASHIVA - that [Melachah] which was important in the [building of the] Mishkan (see Background to Shabbos 96:Girsa #2)

8) [last line] TUM'OS - ritually impure items
(a) All objects belong to one of three categories:

1. Sources of Tum'ah
2. Objects that can become Tamei
3. Objects that cannot become Tamei
(b) All sources of Tum'ah are called Av ha'Tum'ah, except for a corpse, which can generate more Tum'ah than any other object and is therefore referred to as the "Avi Avos ha'Tum'ah."
(c) When one object makes another object Tamei, the second object has a weaker Tum'ah than the first. If something becomes Tamei from an Av, it is called a Rishon l'Tum'ah. A Rishon makes a Sheni l'Tum'ah. (Liquids are an exception to this rule. The Chachamim decreed that liquids should always be a Rishon, even if touched by a Sheni.)
(d) A Sheni L'Tum'ah cannot make Chulin Tamei mid'Oraisa. Even mid'Rabanan, there is no such thing as Shelishi L'Tum'ah with regard to Chulin. Terumah, however, can become a Shelishi L'Tum'ah. (Also, if someone guarded his Chulin from Tum'ah as one normally guards Terumah, it is called "Chulin she'Na'asu Al Taharas Terumah," and can become a Shelishi.)
(e) Terumah that is a Shelishi l'Tum'ah cannot make other Terumah Tamei. However, it may not be eaten. It is referred to as "Pasul" (invalid) rather than "Tamei." Kodesh (objects associated with the sacrifices) that is touched by a Shelishi l'Tum'ah can become a Revi'i. A Revi'i of Kodesh is also called "Pasul."

9) [last line] SHERETZ (TUM'AS SHERETZ)
A Sheretz (a crawling pest; vermin -- see Background to Shabbos 107:5), even if it is only the size of an Adashah (lentil bean), is an Av ha'Tum'ah. It makes a person or object Tamei through Maga (contact), whether the Sheretz was touched willingly or unwillingly. The person who becomes Tamei by touching a Sheretz may not eat Terumah or Kodshim. However, he can immediately immerse in a Mikvah. After nightfall he becomes Tahor and may eat Terumah or Kodshim.

10) [last line] SHICHVAS ZERA (TUM'AS KERI)
A man who has emitted Keri (semen) becomes a Rishon l'Tum'ah. He may not enter the Machaneh Leviyah (i.e. the Temple Mount), nor may he eat Ma'aser, Terumah or Kodshim. After he immerses in a Mikvah during the day, he becomes Tahor and may eat Ma'aser and enter Machaneh Leviyah once again (mid'Oraisa -- the Rabanan however prohibited him from entering the Ezras Nashim (TY #10) until nightfall). He remains a "Tevul Yom" until nightfall, after which he may once again eat Terumah or Kodshim.


11) [line 1] TAMEI MES - a person who is ritually impure because of a corpse If a person (or utensil) became Tamei through touching Tum'as Mes or being in the same room as a Mes or something that is Metamei b'Ohel, he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on him. A person who is Tahor dips three Ezov branches that have been bound together into the mixture, and sprinkles them on the person who is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is sprinkled on him in order to complete his Taharah. (Bamidbar 19:17-19)

12) [line 2] AV / TOLADOS (TUM'AH)
See above, entry #8.

13a) [line 6] KEREN - the horn (see above, entry #1:I:a)
b) [line 6] SHEN - the tooth (see above, entry #1:I:c)
c) [line 6] REGEL - the leg (see above, entry #1:I:b)

14) [line 6] "[V']CHI YIGACH..." - "If an ox gores [a man or a woman, that they die; then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be acquitted.]" (Shemos 21:28)

15) [line 7] "VA'YA'AS LO TZIDKIYAH VEN KENA'ANAH KARNEI VARZEL, VA'YOMER, 'KOH AMAR HASH-M, "B'ELEH TENAGACH ES ARAM..."'" - "And Tzidkiyah the son of Kena'anah made himself horns of iron; and he said, 'Thus said HaSh-m, "With these shall you gore the Arameans, [until you have consumed them."']" (Melachim I 22:11) - In the previous chapter of Melachim (I 21), the story is told of Achav, the wicked king of the ten tribes of Yisrael, who had an uncontrollable desire for the vineyard of Navos ha'Yizre'eli, his relative. Izevel, the wife of the king, devised a sinister plot in which Navos was executed and Achav inherited the vineyard. HaSh-m held Achav responsible for the murder, sending word through Eliyahu the prophet that "in the place where the dogs licked the blood of Navos shall the dogs lick your blood." (ibid. 21:19). Divine retribution was to be meted out upon Achav for this and his many other sins. In Chapter 22, all of the King's advisors and (false) prophets, including Tzidkiyah ben Kena'anah, advocated a war with Aram, predicting Achav's victory. Concurrently, Michayhu, a true prophet, saw a vision in which the spirit of Navos offered to entice Achav into the battle that would lead to his doom. This spirit was responsible for all of the false prophecies of victory. Nevertheless, Achav took the advice of the false prophets and he alone was slain in the battle. Although he was later buried, much of his blood was indeed lapped up by dogs in the same place where Navos was executed.

16) [line 9] "BECHOR SHORO HADAR LO V'KARNEI RE'EM KARNAV; BAHEM AMIM YENAGACH..." - "The firstborn of his ox, grandeur is his; and his horns are like the horns of a Re'em; with them he shall gore nations..." (Devarim 33:17)

17) [line 11] DIVREI KABALAH - words mentioned in the Nevi'im and Kesuvim (RASHI)

18) [line 13] GILUY MILSA B'ALMA HU - a mere indication [that Negichah is performed with the horn]

19) [line 15] TAM / MU'AD
An ox that gores two times is still referred to as a Tam. The owner only pays half the value of the damages that his ox causes through goring. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad and from then on the owner has to pay the full value of the damages that his ox causes through goring.

20a) [line 15] TELUSHAH - detached
b) [line 16] MECHUBERES - attached
21a) [line 18] NEGIFAH - striking or pushing; injuring
b) [line 18] NESHICHAH - biting
c) [line 18] REVITZAH - lying down
d) [line 18] BE'ITAH - kicking

22) [line 20] "[V']CHI YIGOF..." - "And if one man's ox hurts [another's, and it dies; then they shall sell the live ox, and divide its money; and the dead ox they shall also divide.]" (Shemos 21:35)

23) [line 21] PASACH B'NEGIFAH V'SIYEM B'NEGICHAH - this passage starts with a form of the word Negifah, "v'Chi *Yigof*..." (Shemos 21:35), and concludes with a form of the word Negichah, "O Noda Ki Shor *Nagach* Hu..." (ibid. 21:36)

24) [line 24] D'IS LEI MAZALA - who has the sense to protect himself
25) [line 37, last line] "...V'SHILACH...U'VI'ER..." - "[If a man shall cause a field or vineyard to be eaten,] and shall send in [his beast,] and it shall feed [in another man's field; he shall make restitution from the best of his own field and the best of his own vineyard.]" (Shemos 22:4)

26) [line 38] "...MESHALCHEI REGEL HA'SHOR VEHA'CHAMOR." - "...who let the feet of the ox and the donkey range freely." (Yeshayah 32:20)

27) [last line] "...KA'ASHER YEVA'ER HA'GALAL AD TUMO." - "[Therefore, behold, I will bring evil upon the house of Yerav'am, and will cut off from him every male offspring (lit. anyone who urinates against the wall), and all property, whether hidden or public in Yisrael, and will take away the remnant of the house of Yerav'am,] as a man takes away dung, till it be all gone." (Melachim I 14:) - (a) The word "Galal" ("dung"), had the same root as the word "Meguleh" ("revealed"). This refers to the tooth, the Av Nezek that is sometimes revealed and sometimes hidden (RASHI to Daf 3a DH ha'Galal, 1st explanation); (b) This refers to the tooth, since the tooth is responsible for initially breaking down food in the digestion process, in which it is converted into dung (RASHI ibid., 2nd explanation); (c) The word "Galal" ("dung"), had the same root as the word for white marble, as in the verse "Nidbachin Di Even Gelal..." - "Three rows of marble..." (Ezra 6:4). This refers to the tooth, which is similar to white marble (RABEINU CHANANEL, cited by TOSFOS DH Ka'asher)

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,