POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Kama 38
BAVA KAMA 38 - Dedicated by Eli and Jeri Turkel of Ra'anana, Israel, in
honor of the wedding of their neice, Jodi Weinblatt.
1) A NOCHRI'S OX
(a) (Mishnah): A Yisrael's ox that gored a Nochri's ox is
2) REWARD AND PUNISHMENT OF NOCHRIM
(b) Question: How does the Tana learn?
1. If "The ox of his fellowman" is a condition to be
liable - a Nochri's ox that gored a Yisrael's ox
should be exempt!
(c) Answer #1 (R. Avahu): "...(Hash-m) saw va'Yater (and
scattered) Nochrim" - He saw that they were not keeping
their 7 Mitzvos, va'Hitir (he permitted) their money to
2. If "The ox of his fellowman" is just a typical case,
but the Torah obligates even when it is not his
fellowman's ox - a Yisrael's ox that gored a
Nochri's ox should also be liable!
(d) Answer #2 (R. Yochanan): "(Hash-m) Hofi'a (appeared) from
Mount Paran" - from Paran (when the Nochrim refused to
accept the Torah), he exposed (permitted) their money to
1. Support (Beraisa): A Yisrael's ox gored a Nochri's
ox - it is exempt;
i. A Nochri's ox gored a Yisrael's ox - whether
Tam or Mu'ad, it pays full damage - it says
"...(Hash-m) saw va'Yater Nochrim", and it says
"(Hash-m) Hofi'a from Mount Paran".
2. Question: Why are both verses needed?
3. Answer: One might have thought, we need the first
verse to teach as Rav Masnah and Rav Yosef (as
(a) (Rav Masnah): "...(Hash-m) saw va'Yater Nochrim" - He saw
that they were not keeping their 7 Mitzvos, and exiled
them from their land.
1. Question: How do we know that va'Yater is a language
(b) (Rav Yosef): "...(Hash-m) saw va'Yater Nochrim" - He saw
that they were not keeping their 7 Mitzvos, and released
them from their Mitzvos.
2. Answer: "Lenater (to jump) with (extra legs of
grasshoppers) on the ground".
(c) Objection: Do they gain from their sins?!
(d) Answer (Mar brei d'Ravina): No - it means, even if they
fulfil their Mitzvos, they are not rewarded for them.
(e) Question (Beraisa - R. Meir): "(The Mitzvos) that a man
will do and live in them" - it doesn't say, that
Yisraelim will do, rather that a man will do!
1. This teaches that a Nochri that engages in Torah is
(rewarded) as a Kohen Gadol.
(f) Answer: They are not rewarded as one who is commanded,
rather as one who is not commanded.
(g) (Beraisa): Romi sent 2 officers to learn the Torah;
Chachamim taught them. They acknowledged the truth of
every point, except for 1.
1. The officers: How can it be that a Yisrael's ox that
gores a Nochri's ox is exempt, a Nochri's ox
(whether Tam or Mu'ad) that gores a Yisrael's ox
pays full damage?
(h) Rav Shmuel bar Yehudah's daughter died; Rabanan asked Ula
to go with them to console him.
i. If "The ox of his fellowman" is a condition to
be liable - a Nochri's ox that gored a
Yisrael's ox should be exempt!
2. The officers said that they would not tell this to
ii. If "The ox of his fellowman" is not a condition
- a Yisrael's ox that gored a Nochri's ox
should also be liable!
1. Ula: The consolation they give in Bavel is
blasphemy! They say - what can be done - implying,
if it was possible, they would do (not as Hash-m
2. Ula went alone.
3. Question (Ula): "Do not afflict Mo'av, do not start
war with them" - why would Moshe think to wage war
if not commanded?
4. Answer (Ula): Moshe made a Kal va'Chomer: Midyan
only came to help Mo'av, and we were commanded to
strike them - all the more so, we should strike the
3) DAMAGES TO AND OF KUSIM
(i) (R, Chiya bar Aba): Hash-m doesn't withhold reward for
anything, even for nice words!
i. Hash-m: No - Two special women will convert -
Rus the Mo'avis and No'omah the Amonis.
5. Ula: Hash-m spared 2 nations on account of 2 women
that would convert from them - if your (Rav
Shmuel's) daughter was fitting, and good would have
come from her, all the more so Hash-m would have
kept her alive!
1. Lot's older daughter (brazenly) called her son Mo'av
(from father) - Hash-m commanded "Do not afflict
Mo'av, do not start war with them" - but we may
subjugate them to pay taxes;
(j) (R, Chiya bar Aba): A person should always do Mitzvos at
the first opportunity!
2. Lot's younger daughter (modestly) called her son ben
Ami (son of my nation) - Hash-m commanded "Do not
afflict (Amon), do not subjugate them" - at all.
1. Because Lot's older daughter slept with him 1 night
earlier than her sister, she merited 4 generations
of descendants in Yisrael before a descendant of her
sister entered Yisrael;
i. Oved (Rus' son), Yishai, David and Shlomo
descend from the older daughter; Rechavom,
Shlomo's son from No'omah, descends from the
(a) (Beraisa): A Yisrael's ox gored a Kusi's ox - it is
exempt; a Kusi's ox gored a Yisrael's ox - Tam pays
half-damage, Mu'ad pays full damage;
1. R. Meir says, a Kusi's ox that gored a Yisrael's ox,
whether Tam or Mu'ad, pays full damage.
(b) Suggestion: R. Meir holds that the Kusim converted
because of lions (that were eating them, and their
conversion is invalid, they are Nochrim).
1. Contradiction (Mishnah): All (blood) stains that
come from Rekem are Tehorim (we are not concerned
that it is from a (Yisraelis) Nidah, because we
assume the residents are Nochrim);
(c) Rejection (R. Avahu): Really, they are valid converts; R.
Meir fined them so Yisraelim will not intermarry with
i. R. Yehudah says, they are Teme'im, because
converts live there and they err (act as
2. Stains that come from places where Yisraelim (live -
in houses, they are Tamei; in public areas, they are
Tahor, Benos Yisrael would not leave Tamei stains
there; stains found in public areas of cities of)
Kusim - R. Meir says they are Teme'im;
i. Chachamim say they are Tehorim, for (even
Kusim) are careful with Tamei stains.
ii. (Summation of question): R. Meir says they are
Teme'im because Kusim are true converts (that
are not careful with their stains)!
(d) Question (R. Zeira - Mishnah): One who rapes or entices
any of the following Na'aros pays the fine (of 50
Shekalim): a Mamzeres, a Nesinah, a Kusis...
1. If R. Meir fines them monetarily, he should also
fine them not to receive this fine!
(e) Answer (Abaye): He does not want a sinner (the man who
raped or enticed her) to profit.
(f) Question: He should say, the fine goes to the poor!
(g) Answer (Rav Mari): The rapist would avoid paying - he
could tell any poor man that he will give it to someone