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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 46

BAVA KAMA 46 - L'Iluy Nishmos Chaim Yissachar ben Yaakov [Smulewitz] and his wife, Esther Chaya Rayzel bas Gershon Eliezer, of Cleveland, Ohio. Sponsored by their children: Moish Smulevitz, Jeri Turkel, Marcia Weinblatt and families.


(a) Rebbi Eliezer says 'Ein Lo Shemirah Ela Sakin'.
How does Rabah initially learn this from "ve'Lo Yishmerenu"?

(b) On what grounds does Abaye refute Rabah's explanation?

(c) How do we know that "ve'Lo Yechasenu" does not mean that a pit is not subject to covering (but must be filled in)?

(d) Then how does Abaye finally explain Rebbi Eliezer? Which Tana serves as the basis for Rebbi Eliezer's Din and from which Pasuk does he derive it?

***** Hadran Alach Shor she'Nagach es ha'Parah *****

***** Perek Shor she'Nagach es ha'Parah *****


(a) Our Mishnah discusses a Tam ox that gored a cow and a dead fetus was subsequently found beside it. It is obvious why the owner of the ox pays Chatzi Nezek for the cow.
But why does he pay a quarter of the damage for the fetus?

(b) What is the Tana referring to, when he adds that the same applies to the reverse case, where a cow gored an ox and a born calf is subsequently found beside the cow? What is the ..

  1. ... Safek?
  2. ... ruling?
(c) Rav Yehudah Amar Shmuel establishes our Mishnah like Sumchus.
What does Sumchus say?

(d) What would the Chachamim say in the same case?

(a) There are two reasons why the Chachamim added 'Zeh ha'K'lal', one of them simply expands the case in our Mishnah.
What does this mean?

(b) Alternatively, 'Zeh ha'K'lal' comes to include another case.
Which other case? What makes the buyer there a Motzi me'Chaveiro?

(c) What does Rav say in this latter case?

(d) We ask why the purpose of sale is not evident from ...

  1. ... Shimon's trade (whether he is a butcher who normally sells meat to eat, or a farmer who normally sells live animals),.
    What do we answer?
  2. ... the price that he paid? After all, an animal that is used for meat is generally worth far less than one that is used for plowing?
Answers to questions



(a) What is the meaning of the adage 'mi'Mari Rashvasach Pari Afra'?

(b) In that case, what is Shimon claiming? Why can he not simply keep the ox in lieu of payment?

(c) What then, is the basis of the Machlokes between Rav and Shmuel?

5) We cited Rav Yehudah Amar Shmuel, who established our Mishnah like Sumchus, but that according to the Chachamim, 'ha'Motzi me'Chaveiro Alav ha'Re'ayah'.
How do we know for certain that Shmuel's statement is correct?


(a) How does Rebbi Shmuel bar Nachmeni extrapolate from the Pasuk "Mi Ba'al Devarim Yigash Aleihem", that 'ha'Motzi me'Chavero, Alav ha'Re'ayah'?

(b) On what grounds does Rav Ashi reject the need for such a D'rashah?

(c) So he uses the Pasuk for the Din of Rav Nachman Amar Rabah bar Avuhah, 'she'Ein Nizkakin Ela le'Tove'a Techilah'.
What does this mean?

(d) Under which circumstances will Beis-Din break this rule and give Shimon's claim precedence?

(a) We learned in the Seifa of our Mishnah that in a case where a cow gored an ox and a born calf is subsequently found beside it (the cow), the Nizak may claim half the damage from the cow and a quarter from the calf.
What is the problem with this ruling?

(b) How does Abaye resolve this problem?

(a) According to Abaye's interpretation of the case, why can the Nizak not demand Chatzi Nezek from the Mazik 'mi'Mah Nafshach', seeing as it was either his cow alone that did the damage or his cow together with the calf?

(b) In the first Lashon, we establish the Mishnah when the Nizak claimed from the owner of the calf first, but not if he claimed first from the owner of the cow.
Why is that?

(c) What would the Din be if he were to claim from the owner of the cow first?

(d) What does the second Lashon hold?

(a) We just discussed Abaye's interpretation of our Mishnah (that a half actually means a quarter, and a quarter, an eighth.
What objection does Rava raise with Abaye's explanation?

(b) Then how does Rava re-establish our Mishnah?

(c) And how does he explain the half and the quarter?

Answers to questions

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