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Bava Kama 3

BAVA KAMA 3 (10 Av) - dedicated by Mrs. G. Kornfeld (Rabbi Kornfeld's mother) to the memory of her father, Reb Yisrael Shimon (Isi) ben Shlomo ha'Levi Turkel. Reb Yisrael Turkel loved Torah and supported it with his last breath. He passed away on 10 Av, 5760.

1) [line 4] B'MAI MUKMAS LEI? - to what [Av Melachah] would you have said it (the word "v'Shilach") is referring?

2a) [line 6] HA D'MECHALYA KARNA - one refers to a case where the principle is destroyed (e.g. the plants were eaten along with their roots and will not grow back)
b) [line 6] HA'D'LO MECHALYA KARNA - (a) one refers to a case where the principle is not destroyed (e.g. the plants were eaten but not their roots, and they will grow back, albeit not as they were initially) (RASHI); (b) one refers to a case where the animal only dirtied the fruits (for its own benefit) (TOSFOS)

3) [line 24] "V'SHEN BEHEMOS ASHALECH BAM" - "I will also send the teeth of beasts upon them" (Devarim 32:24)

4) [line 27] SHEKULIN HEN, VE'YAVO'U SHNEIHEM, D'HAI MINAIHU MAFKAS? - It is *equally* reasonable to learn either of these laws from the verse, so we assume that the verse means to teach us *both* of them, rather than just one to the exclusion of the other, for which one would you exclude?

5a) [line 30] NISCHACHECHAH B'KOSEL - the animal rubbed itself against a wall
b) [line 31] TINFAH PEIROS - the animal dirtied fruits
6a) [line 37] SHELIF - the load on it
b) [line 38] PERUMBEYA - the bit
c) [line 38] ZOG - bell

7) [line 44] "...VEHA'MES YIHEYEH LO." - "[The owner of the pit shall make restitution, and give money to its (the animal's) owner; and the carcass shall be his (the owner's, as partial payment)." (Shemos 21:34)


8) [line 4] MAMONCHA - your possession
9) [line 11] ADAM MU'AD L'OLAM - an intelligent adult who inflicts damages always pays [in full] as a "Mu'ad" (one who is expected to inflict damage)

10) [line 12] KICHO V'NI'O - his phlegm and mucus (RASHI to Nidah 55b). (a) Kicho is brought up as a result of a coughing sickness [O.F. tos - cough] (RASHI to Eruvin 99a); (b) one is brought up from the chest with force and the other does not need as much force to bring up into the throat (TOSFOS Nidah 55b)

11) [line 18] RU'ACH METZUYAH - a normal-strength wind

(a) If one's animal caused damage to another person's property in an indirect manner -- that is, with the force of its body but without its body coming into contact with the damaged item, such as by walking and kicking up pebbles that -- through their ballistic action caused by the force of the animal's body -- caused damage, the owner is obligated to pay restitution for the damage.
(b) The Tana'im argue what the extent of the owner's liability is in such a case (Bava Kama 17b). Sumchus maintains that he is obligated to pay for the full damage (Nezek Shalem). The Rabanan maintain that there is a Halachah l'Moshe mi'Sinai that the owner is obligated to pay for only half of the damage (Chatzi Nezek).

13a) [line 25] D'HILCHESA GEMIREI LAH - we know it from the tradition that Moshe received on Mount Sinai, i.e. it is a Halachah l'Moshe mi'Sinai, that it *only* pays Chatzi Nezek (TOSFOS)

14) [line 25] AMAI KARI LAH TOLDAH D'REGEL? - Why is Tzeroros called a Todah of Regel?

15) [line 26] L'SHALEM MIN HA'ALIYAH - since its owner will pay Idis (the best-quality of land, should he decide to make restitution with land)

16) [line 33] "AMAR SHOMER..." - "The watchman [i.e. Hashem] said, 'The morning [i.e. the Day of Redemption] comes, and also the night [i.e. the Day of Retribution]; if you will but request, request; return [i.e. do Teshuvah], come back.'" (Yeshayah 21:12, as explained by Rashi here)

17) [line 35] "EICH NECHPESU ESAV, NIV'U MATZPUNAV?" - "How Esav has been pillaged! His hidden things sought out!" (Ovadyah 1:6)

18) [line 37] KED'METARGEM RAV YOSEF - like Rav Yosef translated (interpreted) into Aramaic [citing the Targum Yonasan ben Uziel]

19) [line 37] EICHDEIN ISBALISH ESAV, ISGALYAN METAMROHI - see above, entry #18

20a) [line 39] NIV'EH - that which *becomes* revealed
b) [line 40] BO'EH - the one who requests (as opposed to "the one who causes to request")

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