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Kollel Iyun Hadaf, Jerusalem

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Bava Kama 27

BAVA KAMA 27 (4 Elul) - dedicated l'Iluy Nishmas Chaim Yissachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in law, Jeri & Eli Turkel of Raanana, Israel.


(a) According to the Rabbanan in a Beraisa, the Pasuk "ve'Nasan Pidyon Nafsho" (in connection with Kofer) refers to the value of the dead man. What does Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah say?

(b) Why does Rabah therefore say that if a Mu'ad ox came and caught the baby (that someone had thrown down from the roof) on its horns and killed it, the owner of the ox will be Patur from paying Kofer, according to the Rabbanan?

(c) What does Rabah say about a man who fell from a rooftop and landed on a woman and inadvertently raped her ...

  1. ... with regard to having to pay the five things?
  2. ... acquiring her should she happen to be his Yevamah?
(d) How do we reconcile this latter ruling with the Mishnah in Yevamos, which rules that a Yavam acquires his Yevamah even be'Shogeg?
(a) Why, in the first of the previous cases, is the man not Chayav to pay Boshes?

(b) Under which circumstances would he have been liable for Boshes, too?

(c) Rabah bases this latter ruling on a Beraisa.
What does the Tana there learn from the superfluous words (in the Pasuk in Ki Seitzei) "ve'Shalchah Yadah *ve'Hichzikah bi'Mevushav"*?

(a) And what does Rabah say about Reuven who places a burning coal on Shimon's ...
  1. ... heart and he dies?
  2. ... clothes and they burn? Why is that?
(b) Rava claims that both statements already appear in a Mishnah.
What does the Mishnah in Sanhedrin say about Reuven who ...
  1. ... holds Shimon under water until he drowns?
  2. ... pushes him under the water and leaves go, and he drowns?
(c) And what does the Mishnah in 'ha'Chovel' say in a case where Shimon asks Reuven ...
  1. ... to tear his shirt or break his barrel, and Reuven obliges?
  2. ... to tear his shirt or break his barrel, but adds that he will not be liable?
(a) What does Rabah ask about Reuven placing a burning coal on the heart of his Eved?

(b) Assuming that an Eved has the same Din as himself, what She'eilah does Rabah then ask?

(c) What is his conclusion?

***** Hadran Alach Keitzad ha'Regel *****

***** Perek ha'Meni'ach *****


(a) Our Mishnah absolves Reuven from paying, should he trip over the barrel that Shimon left lying in the street and break it.
What does he rule in the event that Reuven got hurt?

(b) What problem does our Mishnah share with the Mishnah later 'Zeh Ba ba'Chavito, ve'Zeh Ba be'Koraso, Nishberah Kado shel Zeh be'Koraso shel Zeh ... ' (and with yet a third Mishnah in 'ha'Gozel')?

(c) What is the difference between a 'Kad' and a 'Chavis'?

(d) What does the Tana in 'ha'Gozel' rule in the case there where the owner of the wine poured out all his wine in order to save the honey (which is more expensive than wine)? How much is he entitled to claim from the owner of the honey?

(a) Rav Papa explains that the Tana is coming to teach us that, to all intents and purposes, a Kad and a Chavis are one and the same.
What are the Halachic ramifications of Rav Papa's statement?

(b) Will this apply even in a place where it is not customary to switch the names?

(c) Then in what kind of location does the Mishnah speak? What is the Tana then coming to teach us?

(d) What are the ramifications of this Chidush in a case where Reuven sells Shimon an ox which is found to be a goring ox, and Shimo demands his money back, on the grounds that most people buy oxen for plowing?

Answers to questions



(a) Why do we initially think that Shimon should not be held responsible if Reuven trips over his barrel in the street and breaks it?

(b) de'Bei Rav quoting Rav establish our Mishnah when Shimon placed his barrels across the entire width of the street. How does Shmuel establish it?

(c) What does Rebbi Yochanan mean when he establishes the Mishnah 'be'Keren Zavis'?

(a) What does Rav Papa mean when he says that our Mishnah (which absolves Reuven from paying in the current case), does not go well with Rav.
Why not?

(b) Rav Z'vid in the name of Rava justifies the Tana's statement because of the Seifa.
What does he mean?

(c) Rebbi Aba told Rav Ashi (the first, who lived in the times of Rav) that in Eretz Yisrael, Ula (or Rebbi Ila'i) explained our Mishnah far more simply.
Why did the Kashya 'that people should look where they are going' simply not worry him?

(a) In a case in Neherda'a, Shmuel obligated 'Reuven' to pay, and in another case in Pumbedisa, Rabah did likewise.
What was the case in Neherda'a? Why did Shmuel obligate someone to pay when the Tana of our Mishnah appears to have absolved him?

(b) According to Rav Papa it does not necessarily follow that Rabah holds like Shmuel (, like Rav or like Rebbi Yochanan).
Why not?

(c) On what grounds were people permitted to leave their barrels of olives in that section of the street?

(a) It was customary for the Dayanim to fine someone three Sela'im for kicking his fellow-Jew with his knee.
Under which heading (of the five categories of damages) did this fall?

(b) For kicking him with one's foot they would fine him five Sela'im.
How much would they fine him for hitting him with the saddle of a donkey?

(a) What did Rav Chisda ask Rav Nachman?

(b) Why was Rav Nachman surprised at Rav Chisda's She'eilah?

(c) What was the case?

(d) What was Rav Nachman's reaction when he heard what the case was?

(a) In fact, whether or not, one is permitted to take the law into one's own hands is a Machlokes between Rav Yehudah and Rav Nachman.
Under which circumstances will Rav Yehudah concede that one is?

(b) Why would Rav Chisda's case fall under this category?

(c) Seeing as it is possible to settle his claim in Beis-Din, on what grounds does Rav Nachman permit the claimant to settle it on his own?

(a) Rav Kahana questions Rav Yehudah from ben Bag-Bag.
Why does ben Bag-Bag forbid a claimant to enter the defendant's Chatzer to take what is rightfully his? What *does* he permit him to do?

(b) How does Rav Yehudah counter this proof?

(c) According to Rebbi Yanai, 'Break his teeth' means in Beis-Din (by bringing witnesses and proofs).
What problem do we have with this from the Tana's words ...

  1. ... 've'Emor Lo"?
  2. ... 'Sheli Ani Notel'?
Answers to questions

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