THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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Bava Kama, 62
BAVA BASRA 62 (Yom Kipur) - Dedicated by Rabbi and Mrs. Kornfeld in honor of
the Bat Mitzvah of their daughter, Malkie. May she grow in Yir'as Shamayim
and follow in the ways of her illustrious grandparents and ancestors!
1) THE LOGICAL ORDER OF CHAPTERS
I. QUESTION: The seventh Perek discusses the laws of compensation for
thievery. Normally, there is some sort of logical progression from one
chapter to the next in a Masechta. What logical progression is there,
though, from the sixth Perek, which discusses the specific laws of the
Mazikim of Shen, Regel, and Esh, to the seventh Perek, which discusses the
laws of compensation of a thief to his victim?
(a) RABEINU YEHONASAN cited by the Shitah Mekubetzes writes that the
payments of a thief of "Tashlumei Kefel" and "Tashlumei Arba'ah v'Chamishah"
are included in the twenty-four Avos Nezikin, as listed in the Beraisa
earlier (4b). Until this Perek, the Tana of the Mishnah was discussing the
laws of Shor, Bor, Mav'eh, and Hev'er that were not guarded properly, and
the laws relevant to Shomrim, agents appointed to guard items that have
potential to cause damage, as Shomrim are also included in the twenty-four
Avos Nezikin. Therefore, the Tana here begins to discuss the details of the
laws of the Ganav and Gazlan, for they, too, are included in the twenty-four
(b) The MELECHES SHLOMO (on the Mishnayos) explains as follows. At the end
of the sixth Perek (from 60a until the end of the Perek), the Gemara teaches
the laws of Esh, which is one of the four primary Avos Nezikin (2a). In the
Torah, the verses regarding Tashlumei Kefel and Tashlumei Arba'ah
v'Chamishah (Shemos 21:37 to 22:4) are written in the midst of the verses
that mention the four Avos Nezikin (Shemos 21:28 to 22:5). Therefore,
immediately after the Tana completes the discussion of the laws of the four
Avos Nezikin, he discusses the laws of Tashlumei Kefel and Tashlumei Arba'ah
v'Chamishah, to parallel the Torah's discussion of those two subjects in
(c) The TIFERES YISRAEL (in the Mishnayos) explains that after the Tana has
taught the laws of the four Avos Nezikin, for which one is obligated to pay
even when one had no intention to do damage, the Tana teaches the laws of
compensation of a thief who must pay because he had intention to cause a
loss to his fellow man in order to profit for himself.
II. QUESTION: Following the seventh Perek comes the Perek of "ha'Chovel,"
which discusses the payments that a person is obligated to pay for causing
damage to the body of another person. The following Perek, "ha'Gozel Etzim,"
returns to the laws of thievery. Why does the Tana interrupt between Perek
"Merubah" and Perek "ha'Gozel Etzim," which both discuss the laws of
thievery, and interject Perek "ha'Chovel" which does not discuss the laws of
(a) RABEINU YEHONASAN cited by the Shitah Mekubetzes answers that it is the
nature of a person who is a victim of thievery (Geneivah, wherein the Ganav
steals surreptitiously and the victim does not know who stole from him) to
become overly suspicious of other people. This suspicion brings a person to
feelings of animosity and, ultimately, to acts of violence against his
fellow man (for which he is Chayav to pay the forms of compensation
mentioned in Perek "ha'Chovel"). Therefore, the Tana placed Perek
"ha'Chovel" after Perek "Merubah," which deals with the laws of Geneivah.
Following the laws of "ha'Chovel," the Tana returns to discuss the laws of
Gezeilah (in Perek "ha'Gozel Etzim"), indiscreet robbery (wherein the victim
knows who stole from him).
(b) The TIFERES YISRAEL answers that the Tana wanted to teach the most
severe laws first. The law of Tashlumei Arba'ah v'Chamishah makes the act of
Geneivah more severe than that of Gezeilah, and the laws of "Chamishah
Devarim" (Nezek, Tza'ar, Ripuy, Sheves, Boshes) of one who injures another
person makes "ha'Chovel" more severe than a Gazlan. Therefore, Perek
"Merubah" and Perek "ha'Chovel" precede Perek "ha'Gozel Etzim." The last
Perek, "ha'Gozel u'Ma'achil," follows "ha'Gozel Etzim" because it discusses
additional, supplementary laws of Gezeilah (such as the laws of heirs of a
Gazlan who consumed the item that their father stole).