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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Kama 17


(a) (Rava): "They should stumble in front of you" - even when they give Tzedakah, make them stumble, by presenting them with unworthy recipients, so they will not get reward.
(b) "They honored (Chizkiyahu) in his death" - they learned by his grave.
1. R. Noson and Rabanan argued if they learned for 3 or 7 days, some say for 30.
(c) (Beraisa - R. Yehudah): "They honored (Chizkiyahu) in his death" - 36,000 people, all of whose shoulders were bare (from having torn their garments) walked in front of him;
1. (R. Nechemyah): They did the same for Achav (so why is this considered a special honor)!
i. Rather, they put a Sefer Torah on his bed, and said that he fulfilled all that is written in it.
2. Question: We do that today (so why was this such a special honor)!
3. Answer #1: We take out a Sefer Torah, but we do not put it on the bed.
4. Answer #2: We put it on the bed, but we do not say that he fulfilled all that is written in it.
(d) (Rabah bar bar Chanah): I asked this of R. Yochanan. He had to relieve himself, he didn't answer until he washed his hands, put his Tefilin back on and blessed on them.
(e) (R. Yochanan): We even say that a person fulfilled the Torah - but we do not say that he taught Torah.
(f) Question: But learning is great because it leads to fulfilling (this shows, fulfilling is greater)!
(g) Answer: Fulfilling is greater than learning, but teaching is greater than fulfilling.
(h) (R. Yochanan): "Happy are you that put seeds on all water, that send oxen and donkeys (to thresh and carry the grain)" - anyone that engages in Torah and Chesed merits the inheritance of 2 tribes;
1. "Putting seeds" is Tzedakah - "Sow for yourselves Tzedakah, you will reap according to the Chesed (that Hash-m will do for you)";
2. "Water" refers to Torah - "All that are thirsty, go to water".
3. They merit the inheritance of Yosef and Yisachar, who are called 'ox' and 'donkey'.


(a) (Mishnah): How is Regel Mu'ad? To break things when the animal walks normally.
1. If it was kicking, or pebbles were being strewn by its feet and vessels were broken, it pays half-damage.
(b) If it trampled on a vessel and broke it, and (fragments) broke another vessel - it pays full damage for the first vessel, half-damage for the second.
(c) Chickens are Mu'ad to walk normally and break things;
1. If something was tied to its leg, or if it was dancing and broke vessels, it pays half-damage.

(d) (Gemara - Ravina) Question: Why does the Mishnah switch from 'Regel' to 'animal'?
(e) Answer (Rava): Regel is the primary damager; (other parts of the) animal are the secondary damagers.
(f) Question (Ravina): But the continuation of our Mishnah switches from 'Shen' to 'animal' - what secondary damagers of Shen does it refer to?
(g) Answer (Rav Ashi): It teaches Shen of wild and domestic animals.
1. One might have thought, "He will send his B'iro" only refers to a domestic animal - we hear, this is not so, 'B'iro' includes Chayos.
(h) Question: The Mishnah should teach domestic animals before Chayos!
(i) Answer: Since Chayos were not said explicitly, the Tana had to expound to learn it, it is dear to him, he teaches is first.
(j) Question: If so, also by Regel, the Tana should teach Chayos first!
(k) Answer #1: No - regarding Shen, both are primary damagers, he first lists the one that is not explicit;
1. Regarding Regel, we should not list the secondary damager (its body) before the primary damager (the foot)!
(l) Answer #2: Since the prior Mishnah (15B) mentioned Regel last, this Mishnah begins with Regel.
(a) (Beraisa): An animal is Mu'ad to walk normally and break things;
1. If it entered the damagee's premises, it pays full damage for damage by: its body or hair as it walked; its saddle, bag, bridle in its mouth, or bell on its neck; a donkey with its load;
i. Sumchus says: pebbles, or a pig that was digging with its snout in the wasteheap and damaged, pay full damage.
ii. Question: If a pig damaged, of course it pays full damage!
iii. Answer: Rather, it strewed up refuse and damaged.
2. Question: Why does Sumchus mention pebbles - the first Tana did not speak of this!
i. Answer: The Beraisa is abbreviated, it says thusly: for pebbles kicked up normally, half-damage; a pig that was digging and strewed up refuse and damaged, it pays half-damage;
ii. Sumchus says, these cases pay full damage.
(b) (Beraisa): Chickens fluttered from place to place and broke vessels with their wings - they pay full damage;
1. If the wind from their wings broke the vessels, they pay half-damage; Sumchus says, full damage.
(c) (Beraisa): Chickens were dancing on a dough or fruits and dirtied or pecked holes in them - they pay full damage;
1. If they kicked up dirt or pebbles, they pay half-damage; Sumchus says, full damage.
(d) (Beraisa): A chicken was fluttering from place to place; wind from its wings broke vessels - it pays half-damage.
1. This anonymous Mishnah is as Chachamim.
(e) (Rava): We understand Sumchus - he holds that impetus (the damager set something in motion, and it damaged) is as bodily damage;
1. Question: If Chachamim say it is as bodily damage, they should say it pays full damage; if it is not as bodily damage, it should be exempt!
(f) Answer (Rava): It is as bodily damage - a tradition from Moshe from Sinai teaches that one only pays half for damage caused by pebbles that the animal kicks ("Tzeroros").
(g) (Rava): Any case that imparts Tum'ah by a Zav (i.e. touching), pays full damage by damages; anything Tahor by a Zav (i.e. throwing), pays half-damage.
(h) Question: Is Rava just teaching the law of Tzeroros?!
(i) Answer: No - he teaches the law of a calf pulling a wagon (it pays full damage if the wagon damages, half-damage if it strews up pebbles and they damage).
(j) Support (Beraisa): An animal is Mu'ad to break things as it walks;
1. If it entered the damagee's premises, it pays full damage for damage by its body...or a calf pulling a wagon.
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