POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Kama 36
1) COLLECTION FROM TWO OXEN
(a) (Mishnah): Two oxen of Reuven...they are liable.
***** PEREK SHOR SHE'NAGACH ARBA'AH V'CHAMISHAH*****
(b) (Inference - Rava of Parzika): When (we do not know which
of) 2 Tamim oxen damage, the damagee may collect from
(c) Rejection (Rav Ashi): No - the case is, both are Mu'ad.
(d) Question (Rava): But the end of the Mishnah says: Levi
says, the big ox damaged the big ox... - if they are
Mu'ad, it doesn't matter which damaged which!
(e) Answer #1 (Rav Ashi): The beginning of the Mishnah speaks
of Mu'adim, the end, of Tamim.
1. Question #1 (R. Acha Sava): If they are Mu'adim -
why does the Mishnah say they are liable, it should
say that Reuven is liable!
(f) Answer #2: Really, they are Tamim; the Mishnah is as R.
Akiva, who says that the damagee is a partner in the
2. Question #2 (R. Acha): Why does it say that both of
them are liable (even 1 pays full damage)!
1. 'Both are liable' means, when both animals are here,
Reuven pays - if 1 was lost, he would be exempt - he
could say, perhaps the lost animal damaged.
2) MULTIPLE GORINGS
(a) (Mishnah - R. Meir): Reuven's ox gored 4 or 5 oxen, of
(Shimon,) Levi, Yehudah, Gad and Asher. He pays the
damage to Asher's ox, up to the value of his ox.
1. If there is money left over (his ox is worth more
than the damage) - he uses it to pay Gad (and if
there remains - Yehudah, Levi, Shimon) - the last
damagee always collects first.
(b) R. Shimon says, David's ox worth 200 (Dinarim) gored
Moshe's ox worth 200, the carcass is worthless - David
and Moshe each end up with 100.
1. The ox then gored Kalev's ox - Kalev gets 100, David
and Moshe each end up with 50.
(c) (Gemara) Question: (R. Meir in) our Mishnah is not as R.
Yishmael, nor as R. Akiva!
2. The ox then gored Aharon's ox - Aharon gets 100,
Kalev get 50, David and Moshe each end up with a
gold Dinar (25).
1. According to R. Yishmael, the damagees are creditors
(not partners in the damager) - the first damagee
should collect first, not the last!
2. According to R. Akiva, the damagees are partners in
the damager - extra money should be split equally,
the last damagee should not collect first!
(d) Answer (Rava): Really, it is as R. Yishmael; the reason
the latter damagee collects first is because the case is
that each damagee seized the ox to collect from it;
3) THE PAYMENT FOR TOKE'A
1. He is as a paid watchman, who is responsible for
damage the animal does.
(e) Question: If so, why does extra money go to the last
damagee - it should go to the owner!
(f) Answer (Ravina): The Mishnah says, if a damagee owns more
of the animal than it damaged the next time, he keeps the
1. Ravin also explained that the Mishnah is when the
damagees did not guard the damager.
(g) Question: But the end of the Mishnah is not as R.
1. (Mishnah): R. Shimon says, David's ox worth 200
gored Moshe's ox worth 200, the carcass is worthless
- David and Moshe each end up with 100.
(h) Answer (Shmuel): Yes!
2. The ox then gored Kalev's ox - Kalev gets 100, David
and Moshe each end up with 50.
3. The ox then gored Aharon's ox - Aharon gets 100,
Kalev get 50, David and Moshe each end up with 25.
4. This is as R. Akiva, who says that the damagee is a
partner! Can the beginning of the Mishnah be as R.
Yishmael, and the end as R. Akiva?!
(a) (Mishnah): One who was Toke'ah a man (hit him near the
ear; others explain, blew a shofar in his ear) pays 1
1. R. Yehudah says, he pays 100 (silver) Dinarim.
(b) A man was Toke'ah Shimon. Rav Tuvya bar Masnah asked Rav
Yosef if the Mishnah means a Sela Tzuri (pure silver) or
a common Sela (1/8 silver).
1. Rav Yosef: We learn from our Mishnah - the first 2
each end up with a gold Dinar (which is 25 silver
(c) Question: What was the final ruling?
i. If Sela'im (of the Mishnah) are common Sela'im
- the Mishnah should have spoke of another
goring - the first 2 would get 12 (silver)
Dinarim and a Sela (which is half a Dinar)!
(Rather, Sela'im are of Tzur (4 Dinars), and
the Tana did not want to speak of fractions.)
2. Rejection: The Tana will not lengthen the Mishnah
unless this teaches something new!
(d) Answer: They learned from Rav Yehudah.
1. (Rav Yehudah): All money mentioned in the Torah is
of Tzur; all money of Rabbinical decree (such as
Toke'a) is common money.
(e) When Shimon heard that he will only receive a half-Dinar,
he was not interested - 'Give it to the poor'. He later
retracted and asked to get it.
(f) Rav Yosef: You cannot retract - the poor already acquired
1. Even though there are not poor people here, I
acquired on behalf of poor people elsewhere.
(g) (Rav Yehudah): Orphans do not need Pruzbul (a document
handing over money owed to them to Beis Din, so the loans
will not be cancelled in Shemitah).
(h) (Rami bar Chama): Orphans do not need Pruzbul - R.
Gamliel and his Beis Din are as the father of orphans.
(i) Chanan Bisha was Toke'ah a man. Rav Huna ruled that he
must pay a half Dinar. Chanan had a rubbed out Dinar,
people did not accept it. He hit the man another time,
and gave him the Dinar.