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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 5

BAVA KAMA 5 - dedicated by Rabbi Ari and Esther Maryles in honor of the publication of Sefer Toras Shimon -- Divrei Torah from the great Chassidic master, Rebbi Shimon Maryles, the Rebbe of Yoruslav (Jaroslaw).


(a) We ask why the Tana of our Mishnah does not include Eidim Zomemin in his list, seeing as it is Mamon.
On what grounds is Eidim Zomemin Mamon?

(b) What do we answer?

(c) What distinction does Rebbi Akiva draw between a Shor Tam that gores a Shor and one that gores a person?

(d) What does he mean when he says 'Meshalem *be'Mosar* Nezek Shalem'?

(a) If, as we just explained, Rebbi Oshaya's Tana holds like Rebbi Akiva regarding Eidim Zomemin, why does he not then divide Shor into two cases, Shor de'Azik Shor (in our Mishnah) and Shor de'Azik Adam (Rebbi Oshaya), like we asked before?

(b) What does 'Tavreh Rebbi Akiva li'Gezizeh' mean?

(c) What elements of Mamon do O'nes, Mefateh and Motzi Shem Ra contain?

(d) Then why does Rebbi Oshaya not list them?

(a) On what basis will Metamei, Medameh and Menasech be considered Mamon?

(b) Then why does Rebbi Oshaya not include it in his list (even if he is of that opinion)?

(c) Does it then follow that Rebbi Chiya, who does list them, holds 'Hezek she'Eino Nikar, Lo Sh'mei Hezek' (and he lists them because he includes cases of K'nas in his list)?

(a) Our Tana states a number (four) in order to preclude the nine of Rebbi Oshaya.
Why is a number mentioned in the Beraisa of ...
  1. ... Rebbi Oshaya?
  2. ... Rebbi Chiya? Which two cases does the Tana come to preclude?
(b) Why does the latter omit ...
  1. ... Mefagel? What is Mefagel?
  2. ... Moser? What is Moser?
(c) Then why does he include ...
  1. ... Motzi Shem Ra?
  2. ... Eidim Zomemin?
(d) We already learned that our Mishnah listed the four Avos because there are Toldos.
How does Rebbi Avahu explain the fact that Rebbi Oshaya and Rebbi Chiya mentioned Avos? Does it mean that all twenty four Avos have Toldos?
(a) What is the significance of the Pesukim "Shor Tachas ha'Shor"(Shor Mu'ad), "Yiten la'Adonav" (an ox that gored an Eved), "Meitav Karmo Yeshalem"(Shen ve'Regel) and "Kesef Yashiv li'Be'alav" (Bor)?

(b) By which of these is "Meitav" written explicitly?

(c) From where do we know that Eidim Zomemin pay from Meitav, seeing as the Torah only writes there "Nefesh be'Nafesh", but none of the four required words appear there?

(d) We might learn the five things by Nezek and by O'nes u'Mefateh from a complicated combination of Pesukim.
From which single Pasuk might we learn all of them?

6) How does Rava explain the Tana's need to add ...
  1. ... 'Lo Harei ha'Shor ke'Harei ha'Mav'eh ... '?
  2. ... 've'Lo Zeh ve'Zeh she'Yesh Bahem Ru'ach Chayim?
Answers to questions



(a) Rava concludes that as a matter of fact, we could learn any two of the four Avos, except for Keren, from any one of the others plus Bor. Why Bor?
What makes Bor the least liable of all the Mazikin?

(b) How would the 'Tzad ha'Shaveh' ...

  1. ... begin?
  2. ... end?
(c) And why, if we had any combination, could we not learn Keren from it (see Tosfos DH 'she'Kein')?

(d) According to whom *could* we even learn Keren from Bor plus any other one?

(a) Why could we not learn any other Mazik from ...
  1. ... Keren?
  2. ... Shen?
  3. ... Regel?
  4. ... Eish?
  5. ... Adam?
(b) Then why does Rava require specifically Bor plus one, and not Keren? Which third one would we not be able to learn from any of the others (except for Bor) plus Keren?
(a) Having just proved that in fact, the only two that really need to be written are Keren and Bor, why does the Torah consider it necessary to write them all?

(b) Which unique Halachah pertains specifically to ...

  1. ... Keren?
  2. ... Shen ve'Regel?
  3. ... Bor (according to the Chachamim)?
  4. ... Adam?
  5. ... Eish (according to the Chachamim)?
(a) According to Rebbi Yehudah ...
  1. ... (who obligates the owner of the pit to pay for broken vessels) - what is the unique quality of Bor?
  2. ... (who obligates Tamun by Eish), what is the unique quality of Eish?
(b) What is ...
  1. ... 'Lichechah Niyro'?
  2. ... 'Sichsechah Avanav'?
(c) Why do we need a special Pasuk for this? In what way are they different than other forms of damage?
Answers to questions

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