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Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Kama 59


(a) (Abaye): R. Yosi ha'Gelili and R. Yishmael hold similarly.
1. R. Yosi ha'Gelili - in the above Beraisa.
2. (Beraisa - R. Yishmael): "From the best of his field and vineyard he will pay" - from land equal to the best land of the damagee;
3. R. Akiva says, the verse teaches that damages are collected from Idis, Kal va'Chomer to Hekdesh.
(b) (Abaye): Do not learn as Rav Idi bar Avin.
1. (Rav Idi bar Avin): A patch of the field was consumed, we are unsure which one - he pays as the best patch we see there.
(c) Question: Why not learn as him?
(d) Answer: The one who wants to collect must bring proof.
(e) (Abaye): Rather, he pays as the best (future) price.
1. Question: What is that?
2. Answer: The price at harvest time.
(f) (Beraisa - R. Shimon ben Yehudah): This is only when it ate immature grapes or figs that were just budding.
1. Inference: If it ate Smader (right after budding), we view them as if they were ready to be harvested.
(g) Question: The end of the Beraisa says, if it ate Pagim or Boser (proper fruit that is not fully grown), we view them as if they were ready to be harvested;
1. Inference: If it ate Smader, we look at the decline in (current value)!
(h) Answer (Ravina): We read the Beraisa thusly: R. Shimon ben Yehudah says, this is only when it ate grapes or figs that were just budding; but if it ate Smader, Pagim or Boser, we view them as if they were ready to be harvested.
(i) Question: That is what R. Yehoshua holds!
(j) Answer: They argue whether we deduct for weakening of the vines that would have occurred had the grapes finished growing - we cannot tell who holds which way.
(k) (Abaye): We can tell - R. Shimon ben Yehudah is concerned for weakening of the vines!
1. (Beraisa - R. Shimon ben Yehudah): Reuven raped a virgin - he does not pay for pain, for she would have experienced the same pain in her first relations when she gets married.
2. Chachamim: The pain when one is forced is much greater than the pain of one who is willing.
(l) (Abaye): R. Shimon ben Yehudah (above) and the following Tana'im hold similarly.
1. (Beraisa - R. Yosi): We deduct the cost of a midwife (when evaluating the payment for a fetus);
2. Ben Azai says, we deduct the additional food that she would have eaten for the duration of the pregnancy.
i. R. Yosi holds, all the more so we deduct the additional food;
ii. Ben Azai holds, we do not deduct the cost of a midwife - her husband can say, my wife does not need one.
(a) [Version #1: Rav Papa and Rav Huna brei d'Rav Yehoshua ruled as Rav Nachman (to estimate the damage among 60 times as much).]
(b) [Version #2: Rav Papa and Rav Huna brei d'Rav Yehoshua estimated the damage to a date tree among a small area of land.]
(c) The law is as them regarding Arama date trees; the law is as the Reish Galusa (we estimate the damage by itself) regarding Persian date trees (which are more (Rashi; Aruch - less) prestigious).

(d) Eliezer Ze'iri was wearing black shoes (as a mourner) in the Nehardai market; men of the Reish Galusa's house asked him about this.
1. Eliezer: I am mourning over Yerushalayim!
2. The men: Are you so important to mourn over Yerushalayim - this is haughtiness!
3. They seized him; he said that he is a great Chacham, they may ask him, or he will ask them. They chose the latter.
4. Eliezer: A man cut dates that were not fully grown - how much does he pay?
5. The men: Their value.
6. Eliezer: But they would have become full dates!
7. The men: He pays for full dates.
8. Eliezer: But he did not eat full dates!
9. The men: What do you say he pays?
10. Eliezer: We evaluate among 60 times as much.
11. The men: Who holds as you?
12. Eliezer: Shmuel - you can send this question to him!
i. Shmuel said as Eliezer; they released him.
(a) (Mishnah): R. Shimon says, if it ate finished fruits (it pays the full value).
(b) Question: Why is this? "It will consume in a different field" - this teaches that we evaluate as part of a field!
(c) Answer: That is only when it eats something that needs (to keep growing in) a field.
(d) (Rav Huna bar Chiya): Rav ruled in a case as R. Meir (as follows); he taught, the law is as R. Shimon (in our Mishnah).
1. (Beraisa R. Meir): Reuven wrote a document selling to Shimon the field designated to pay his wife's Kesuvah; she did not sign. He wrote a document selling it to Levi and she signed - she forfeits her Kesuvah;
2. R. Yehudah says, she can say, I only signed to make my husband happy - I did not forfeit anything!
(a) (Mishnah): Reuven piled up his produce in Shimon's field without permission; Shimon's animal ate it - Shimon is exempt;
1. If the animal was damaged, Reuven is liable.
2. If Reuven had permission, Shimon is liable.
(b) (Gemara) Suggestion: The Mishnah is not as Rebbi, who holds that the owner of the premises is exempt, unless he accepted to guard.
(c) Rejection (Rav Papa): It is even as Rebbi - the case is, Reuven got permission from the guard hired to watch the produce gathered in the valley.
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