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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 36


(a) 'Hayu Sheneihem shel Ish Echad, Sheneihem Chayavim'.
What do we infer from the word 'Sheneihem'? What do we try to extrapolate from this?

(b) How do we establish our Mishnah in order to refute this proof?

(c) Why is it not feasible to establish the Seifa by Mu'adin?

(d) What two objections does Rav Acha Saba raise against establishing the Reisha by Mu'adin, based on the Tana's wording?

(a) So we revert to our original understanding of the Mishnah, and establish it by Tamin.
How do we now interpret 'Sheneihem'? Who is the author of our Mishnah?

(b) What will be the Din if one of the potential Mazikin got lost?

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(a) According to Rebbi Meir in our Mishnah, in a case where an ox gored four or five oxen, it is the last Nizak who has the first right to claim.
How is it that the ox has remained a Tam after having gored four or five times?

(b) Who has the next right to claim, should some of the Mazik ox remain after the last Nizak has taken his share?

(a) Rebbi Shimon disagrees. In a case where an ox worth two hundred Zuz gored an ox worth two hundred Zuz and the carcass is worth nothing, he rules that each one takes half the Mazik.
What will be the Din if the ox then gores ...
  1. ... a third person?
  2. ... a fourth person?
(b) How much is a Dinar Zahav?

(c) Why does the author of our Mishnah ...

  1. ... ('Acharon Acharon Niskar') not appear to be Rebbi Yishmael?
  2. ... ('Yesh Bo Mosar Yachzir le'Shelefanav') not appear to be Rebbi Akiva?
Answers to questions



(a) How do we establish our Mishnah, in order to establish the author as Rebbi Yishmael? How does this solve the problem?

(b) What problem does this create with 'Yesh Bo Mosar, Yachzir le'she'Lefanav'? What ought the Din to be according to Rebbi Yishmael?

(c) How does Ravina therefore amend 'Yesh Bo Mosar ... '?

(d) When Ravin came from Eretz Yisrael, he too explained the Mishnah in this way.
Whom was he quoting?

(a) How do we reconcile our interpretation of Rebbi Meir in the Reisha, with Rebbi Shimon, who seems to hold that the Nizakin are partners?

(b) What did Shmuel tell Rav Yehudah in this regard?

(c) Having established our Mishnah when each Nizak claimed the ox in turn, why can we not establish the author as Rebbi Akiva?

(d) What is the Chidush, according to Rebbi Yishmael?

(a) We learned in the Mishnah in 'ha'Chovel', 'ha'Toke'a la'Chavero, Nosen Lo Sela'.
What might 'ha'Toke'a' mean?

(b) To which area of Nezek does this pertain?

(c) How much is he obligated to pay, according to Rebbi Yehudah quoting Rebbi Yossi Hagelili?

(a) When someone did this to his friend, Rav Tuvya bar Masna sent him to Rav Yosef.
What did he want to know?

(b) Since when does one claim K'nasos in Bavel?

(c) How much is ...

  1. ... a Sela Tzuri?
  2. ... a Sela Medinah?
(a) How did Rav Yosef try to resolve the She'eilah from our Mishnah, which stops at the Dinar Zahav of the third Nizak?

(b) How did Rav Tuvya bar Masna counter this proof?

(c) Eventually, Rav Yosef resolves the She'eilah from Rav Yehudah Amar Rav.
What did Rav Yehudah Amar Rav say about ...

  1. ... 'Kol Kesef ha'Amur ba'Torah'?
  2. ... 've'Shel Divreihem'?
(d) Under which category does our case fall?
(a) On what grounds did ...
  1. ... the Nizak then decide that the half-Zuz should be given to Tzedakah?
  2. ... he change his mind?
  3. ... Rav Yosef refuse to comply with his second request?
(b) How did he prove his point from a statement of Rav Yehudah Amar Shmuel concerning outstanding debts owed to Yesomim?

(c) What is the reason for this?

(d) Why did Rami bar Chama's Beraisa, which supports Rav Yehudah Amar Shmuel, cite Raban Gamliel and his Beis-Din?

(a) Why did Chanan the scoundrel end up in front of Rav Yehudah?

(b) What problem did he encounter when Rav Huna ordered him to pay half a Zuz?

(c) How did he get round the problem?

Answers to questions

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