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Bava Kama 6

BAVA KAMA 6 (13 Av) - Chaim Yitzchok and Aviva Esther Fishof have sponsored today's Daf for the Zechus of the Neshamah of Mordechai ben Rav Yosef Dov (whose Yahrzeit is today), and for a Refu'ah Shelemah for Yosef ben Ettel.

1a) [line 1] LICHECHAH NIRO - the fire parched his friend's plowed field
b) [line 1] SICHSECHAH AVANAV - the fire scorched his friend's stones

2) [line 11] HANEI NAMI TECHILAS ASIYASAN L'NEZEK - these, like Bor, are also considered "Techilas Asiyasan l'Nezek," since from the moment that they were placed on the roof they were *prone to do damage* (see also RASHASH)

(a) The method of learning that is being used by our Gemara is called a comparison, or "Meh Matzinu" - "What we have found [in one subject, applies to another subject, also.]" Among the rules of this method is the rule of a "Pirchah" (a question), where even a slight difference between the subjects causes the comparison to collapse, and no connection may be made.
(b) At this point the Gemara will bring a "Yochi'ach" or "Tochi'ach" (fem.) (a proof), where another subject, which fulfills the requirements of the Pirchah, is used to rebuild the comparison. A second Pirchah follows, where the Yochi'ach subject is brought into question. Then the original subject becomes the Yochi'ach.
(c) The conclusion is v'Chazar ha'Din (the Din goes back and forth), Lo Re'i Zeh k'Re'i Zeh (this subject is not exactly like that subject and vice versa), but the Tzad ha'Shaveh (common denominator) may be used to connect the Halachos of the two subjects, and we may learn a new Halachah from them (in our case, that a person is liable to pay for the damages caused by his stone, knife or load that he left on a rooftop that fell...). The common denominator may also be brought into question, which inhibits learning the new Halachah from the two subjects.

4) [line 18] BOR HA'MISGALGEL B'RAGLEI ADAM UV'RAGLEI VEHEMAH - a Bor (in this case not a pit but rather a stone or other snare) that is rolled around inadvertently by the legs of people and animals (in a public domain). Rava suggests that the Tzad ha'Shaveh is mentioned in the Mishnah in order to include this case which is neither a classic Bor nor a classic Shor. Unlike a Bor, in which the person's actions (the digging of the Bor) bring about the Av Nezek, a Bor ha'Misgalgel is not created only by this person's actions. Similarly, unlike a classic Shor, which characteristically goes along and damages of its own accord, a Bor ha'Misgalgel is inanimate; others cause it to arrive at the scene of the damages. Therefore we need the Tzad ha'Shaveh in order to learn that this Av Nezek is also Chayav.

See above, entry #3.

6a) [line 29] KOL ELU SHE'AMRU - all the following about whom it was said [that they may dispose of their potential Mazikim in the public domain]
b) [line 29] POSKIN BIVOSEIHEN - [they may] open their drainpipes and let the sewage water run into the public domain
c) [line 30] V'GORFIN ME'AROSEIHEN - and rake out their caves and throw the refuse into the Reshus ha'Rabim


7a) [line 4] LA'KOTZ ES HA'ILAN - to cut down the tree. Beis Din gave the owner a deadline by which he must cut down his tree that was in danger of falling and becoming a pubic hazard
b) [line 5] LISTOR ES HA'KOSEL - to break down the [precarious] wall

8a) [line 17] HAI TANA YERUSHALMI HU - the Tana of our Mishnah is from Yerushalayim
b) [line 18] LISHNA KELILA - crisp, precise language (see MAHARATZ CHIYOS)

9) [line 19] "[KI YAV'ER ISH SADEH O CHEREM, V'SHILACH ES BE'IROH, U'VI'ER BI'SDEH ACHER;] MEITAV SADEHU U'MEITAV KARMO YESHALEM." - "[If a man shall cause a field or vineyard to be eaten, and shall send in his beast that will feed in another man's field;] of the best of his field, and of the best of his vineyard, shall he make restitution." (Shemos 22:4)

(a) 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.
(b) Rebbi Yishmael rules that according to the Torah, the levels of quality for fields used for restitution of damages are determined based upon the property of the Nizak (the person whose property was damaged). Later, in order to force people to be more careful not to damage private property, the Rabanan decreed that the levels of quality for fields used for restitution was to be determined based upon the property of the Mazik (the person who was responsible for the damage). For example, if the poorest quality of field in the possession of the Mazik is the same quality as the best field of the Nizak, according to the Torah law, the Mazik would only have to reimburse the Nizak with property of this quality. According to the Rabanan, due to Tikun ha'Olam ("for the well-being of the world"), the Mazik must reimburse the Nizak with the best property that he has.
(c) Rebbi Akiva rules that according to the Torah, the levels of quality for fields used for restitution of damages are determined based upon the property of the Mazik.

11) [line 20] NIZAK - a person who has had damages caused to the his property
12) [line 22] IDIS - land of the highest quality
13a) [line 23] SHEMEINAH - a row that yields an abundant amount of produce
b) [line 24] KECHUSHAH - a row that yields a scant amount of produce
14) [line 25] ARUGAH BEIN HA'ARUGOS - one vegetable patch among other patches [some of which were robust and some of which were weak]

15) [line 30] HA'MOTZI ME'CHAVEIRO ALAV HA'RE'AYAH (a) The general rule in monetary claims is that the burden of proof rests with the one who wishes to extract payment or other items of value from the other person. Hence, when there is a doubt, all money remains with the one who has possession.
(b) In our Gemara, the Nizak must prove that the produce that was damaged or eaten was of the highest quality in order to receive payment for such produce.

See above, entry #10

17) [line 36] NE'EMAR SADEH L'MATAH, V'NE'EMAR SADEH L'MA'ALAH - the end of the verse (Shemos 22:4) uses the word "Sadeh" when dealing with the payment for damages, and the beginning of the same verse uses the word "Sadeh" when dealing with one of the Avos Nezikin of Shor (specifically, Shen). Since the "Sadeh" above refers to the field of the Nizak, so, too, the "Sadeh" below refers to the [best of the] field of the Nizak.

18) [line 39] D'HA'ICH D'KA MESHALEM - of the one who must pay
19) [line 40] AHANI GEZEIRAH SHAVAH, V'AHANI KRA - the Gezeirah Shavah works [to teach that we assess the quality of the land based on the land of the Nizak], and the verse works [to teach that we assess the quality of the land based on the land of the Mazik]

20) [line 45] TA AT, GAVI MI'ZIBURIS - come and take your payment from Ziburis. Without the verse I might have thought that if the Mazik had either fields of better or worse quality than the Nizak's best field, he need not reimburse the Nizak with the better field, since his *maximum* requirement is a field of quality equivalent to the best field of the Nizak. Ka Mashma Lan...

21) [line 48] D'NAGACH TORA DIDAN L'SORA D'HEKDESH - that our (unsanctified) ox gored an ox of Hekdesh (sanctified to be the property of the Beis ha'Mikdash]

22) [line 51] MANAH - one hundred Zuz
23) [line 51] BEDEK HA'BAYIS - the funds which were used for the upkeep of the Beis ha'Mikdash

24) [line 51] GIZBAR - the treasurer of the Beis ha'Mikdash
25) [last line] BA'AL CHOV - a creditor

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