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Bava Kama 48

The characteristic that defines Keren is that it is "Meshuneh" -- it is an irregular activity. Rebbi Tarfon rules that the special Halachah that one only pays Chatzi Nezek (half of the value of the damage done) for damage caused by Keren only applies in Reshus ha'Rabim, where one is completely exempt for damage caused by the other Mazikim (Shen and Regel). If, however, the animal enters the Nizak's domain and causes damage there, then, according to Rebbi Tarfon, the owner of the animal must pay the entire value of the damage (Nezek Shalem).

2) [line 15] HA'HI ITESA D'ALSAH L'MEIFA B'HA'HU BEISA - that woman who went into a certain house to bake

3) [line 16] ASA BARCHA D'MAREI D'VEISA - along came a goat that belonged to the owner of the house

4) [line 16] ACHLAH L'LISHA - it ate the dough
5) [line 16] CHAVIL U'MIS - it became feverish and died

6a) [line 25] KEIVAN D'LO BAIYA TZENI'USA MIDI - since it (grinding) does not require the woman to conceal herself at all (since she is able to remain modestly dressed while she is grinding)
b) [line 26] LO BA'EI MESALKEI MARVASA D'CHATZER NAFSHAIHU - the owner of the courtyard does not need to remove himself [from his courtyard]

7) [line 34] "KI YICHREH ISH BOR" - "And if a man shall open a pit, [or if a man shall dig a pit, and not cover it, and an ox or a donkey falls in it.]" (Shemos 21:33)

8) [line 35] V'LO SHOR BOR - if an animal created a pit, the owner of the animal is not liable

9) [line 35] KEIVAN D'IS LEI L'HA'ICH L'MALUYEI - since the owner of the courtyard (lit. that other one) was supposed to fill it in

10) [line 40] HIRBITZ GELALIM - it defecated
11) [line 41] NITANFU CHEILAV SHEL BA'AL HA'BAYIS - the clothes of the owner of the courtyard became filthy (from the animal dung)

12) [line 43] KOL TAKALAH BOR HU - all stumbling blocks have the status of Bor

13) [last line] AZDU L'TA'AMAIHU - and they (either Rava or Rav Papa) follow their reasoning elsewhere (this statement supports the teaching of Rava quoted on line 45, to which Rav Papa agrees; it does not seem to refer to Rav Papa's statement (line 47) which qualifies Rava's teaching


(a) There are two manners of causing indirect damage. The less direct manner is known as "Grama," for which even Rebbi Meir (Kesuvos 86a) does *not* hold a person liable. The more direct manner is known as "Garmi," for which Rebbi Meir holds a person liable. (The Rishonim argue as to the definition of "more direct.")
(b) The case of an animal that dies in which the stench of the carcass causes well water to become putrid is considered damage in an indirect manner, and the animal's owner is not liable for the damage caused, since "Grama b'Nezkin Patur."

15) [line 18] CHAZA YERUKA, V'NAFAL - it saw foliage and fell [in]
16) [line 29] KENOS SHORCHA V'SHOMRO - bring your bull in[to my courtyard] and watch it yourself

17) [line 53] DEMEI VELADOS - the value of fetuses
(a) When a pregnant woman miscarries after being struck accidentally by a person, the verse states "Ka'asher Yashis Alav Ba'al ha'Ishah..." - "for whatever the husband will sue him, he will pay [i.e. the value of fetuses], as determined by the courts" (Shemos 21:22).
(b) If a Shor ha'Mu'ad causes a woman to miscarry, the owner of the bull does not pay Demei Velados (Bava Kama 42a).

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