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Bava Kama 22

BAVA KAMA 22 (29 Av) - "Mechabdo b'Chayav, Mechabdo b'Moso" (Kidushin 31b). This Daf has been dedicated by Bracha Trebitsch and family l'Iluy Nishmas her father, Eliezer Shmuel Binyomin ben Mayer Trebitsch, in honor of his Yahrzeit. T'N'TZ'B'H.

1) [line 3] TIRGEMA RAV PAPA - Rav Papa explained it
2) [line 3] D'APIK MEIPACH - it changed its nature
3) [line 3] KALBA BI'ZEKIRA - a dog jumped up like a goat
4) [line 4] GADYA BI'SERICHA - a goat scratched its way up like a dog

Rebbi Yochanan and Reish Lakish disagree on the nature of the responsibility which the Torah places on a person regarding his fire; is one's fire considered like "Chitzav," his "arrow" (Kocho), or is considered his property (Mamono), just like a person's animal? Rebbi Yochanan says that since a person made a fire, it is as if he shot an arrow. Although actually shooting an arrow is "Adam ha'Mazik," and when a person damaged with his "Esh" he did not actually throw the fire, nor did the damage happen through the power of the person. Rather, the person is liable because we treat it as if the person shot an arrow. Therefore, the liability should be limited to a direct damage caused (and he should not be liable for indirect damage). Reish Lakish says that one's fire is like any other Mazik which one owns, like Keren, Shen, or Regel of his animal, and the person is held liable because he is responsible for the damages which his possessions cause.

6) [line 16] D'ADYEI ADUYEI - the dog threw the coal. The owner is Chayav only for Chatzi Nezek, because it is Tzeroros (see Insights).

7) [line 20] GAMAL TA'UN PISHTAN - a camel laden with flax
8) [line 23] BIRAH - a large building
9) [line 28] MESACHSECHES - rubbing against
10) [last line] L'HATIL MEIMEHA - to urinate


11) [line 1] L'APUSHEI B'TE'INAH - to overload the camel to an extent that the flax should enter the store

12) [line 3] ME'AVRAI - from the outside
13) [line 4] GADISH - a stack of grain
14) [line 4] KAFUS - tied up
15) [line 10] KESH'HETZIS B'GUFO SHEL EVED - when he set the Eved on fire

16) [line 11] KAM LEI BED'RABAH MINEI - literally, "he remains with the worse of the two" (or, a more severe punishment exempts one from the less severe one)
(a) When one performs a single act from which he incurs two punishments, or a punishment and a monetary liability, the more severe punishment exempts the sinner from the less severe one. For example, one who stabs another to death will not have to pay for the shirt that he tore while stabbing.
(b) This rule is only true if the two punishments, or the punishment and the monetary liability, are caused by a "single action." If one follows the other, even by one second, the sinner *is* punished with both punishments. The Gemara questions what defines the difference between "a single action" and different actions. According to one opinion, the entire series of actions which define the more severe sin are considered a single action with regard to Kam Lei bid'Raba Minei. (Kesuvos 31a)
(c) There are a number of situations in which this rule does not apply:

1. Rebbi Meir holds that it only applies to a death penalty. One who is punishable with Malkos, though, is required to pay as well as to receive Malkos. (Kesuvos 33b)
2. If one sins *b'Shogeg*, Kam Lei bid'Raba Minei does not necessarily apply (that is, since no actual punishment is executed, the potential punishment does not exempt the sinner from monetary liability), as follows: If the sin is one which warrants the death penalty, Rav Dimi holds that Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bid'Raba Minei applies, while Ravin says that they both agree that it applies. If the sin is one which warrants Malkos, Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bid'Raba Minei applies. (Kesuvos 34b-35a)
3. In certain cases, if the monetary liability is paid to a person other than the victim, the sinner may be liable to pay even though he is also punished with the death penalty or Malkos.
17) [line 13] HA'SHOLE'ACH ES HA'BE'EIRAH - he who sends a fire (which damages the property of another person)

18a) [line 14] CHERESH - a deaf mute
b) [line 14] SHOTEH - (lit. a fool) a person who is mad or deranged

(a) A person is classified as a Shoteh if he regularly, because of madness, destroys or loses that which is given to him, sleeps in a cemetery, goes out alone at night or tears his clothes (Chagigah 3b). According to the RAMBAM (Hilchos Edus 9:9), a person is a Shoteh if he regularly exhibits any form of irrational behavior.
(b) A Shoteh is exempt from performing Mitzvos, is not punished for his transgressions and is not liable for the damages that he causes. His purchases and sales are meaningless and are not binding.
c) [line 14] KATAN - a minor (a boy under the age of 13 and a girl under the age of 12)

19) [line 14] PATUR B'DINEI ADAM V'CHAYAV B'DINEI SHAMAYIM - he is exempt from laws of man, but he is liable by the laws of Heaven

20) [line 20] GACHELES - a coal
21) [line 20] LIBAH - set a glowing coal aflame
22) [line 20] SHALHEVES - a burning coal or flame
23) [line 21] BARI HEIZEIKA - it is likely to damage; it is definitely a potential Mazik

24) [line 22] TZAVSA D'CHERESH KA GARIM - (a) the [irresponsible] *grip* of the Cheresh caused [the fire to do damage]; (b) according to the Girsa "Tzavsa" (same pronunciation but with two letters Vav instead of the single letter Veis) - the "company" of the Cheresh caused [the fire to do damage]. The case of damage by the fire is considered the direct result of the actions of the Cheresh, in contrast to the case of the Shor or the Bor, where the Cheresh did not actually bring about the damage but rather he merely did not prevent it.

25) [line 23] GAVZA - firewood
26) [line 23] SILTA - kindling wood
27) [line 24] SHERAGA - (O.F. croisel - lamp) an earthenware oil lamp

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