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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.


(a) (Mishnah): A Yisrael's ox that gored a Nochri's ox is exempt.
(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!
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!
(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 Yisrael.
(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 Yisrael.
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 follows).
(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 of exile?
2. Answer: "Lenater (to jump) with (extra legs of grasshoppers) on the ground".
(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.
(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?
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!
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!
2. The officers said that they would not tell this to the authorities.
(h) Rav Shmuel bar Yehudah's daughter died; Rabanan asked Ula to go with them to console him.
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 did)!
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 Mo'avim!

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!
(i) (R, Chiya bar Aba): Hash-m doesn't withhold reward for anything, even for nice words!
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;
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.
(j) (R, Chiya bar Aba): A person should always do Mitzvos at the first opportunity!
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 younger daughter.
(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);
i. R. Yehudah says, they are Teme'im, because converts live there and they err (act as Nochrim).
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)!
(c) Rejection (R. Avahu): Really, they are valid converts; R. Meir fined them so Yisraelim will not intermarry with them.
(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 else.
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