POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf 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.
1) A MU'AD CANNOT BE GUARDED
(a) (Mishnah): R. Elazar says, a Mu'ad cannot be guarded, it
must be killed.
***** PEREK SHOR SHE'NAGACH ES HA'PARAH *****
(b) Question (Rabah): What is R. Elazar's reason?
(c) Answer #1 (Rabah): He learns from "And he will not guard
it" - (after becoming Mu'ad), it cannot be guarded.
1. Question (Abaye): If so - "And he will not cover (a
pit)" - it can no longer be covered?!
(d) Answer #2 (Abaye): R. Elazar holds as R. Noson.
i. Suggestion: Perhaps that is so!
ii. Rejection (Mishnah): If he covered a pit
properly and an animal fell in and died, he is
1. (Beraisa - R. Noson): "Do not put blood in your
house" - a person may not raise a wild dog or erect
a rickety ladder in his house.
2) A DOUBT HOW MUCH TO PAY
(a) (Mishnah): An ox gored a cow; a dead calf is by the cow,
we do not know if the calf was born before the goring
(and died by itself), or after the goring (and died on
account of the goring). The ox pays half-damage for the
cow, and quarter-damage for the calf.
(b) Similarly, a cow gored an ox; a calf is by the cow, we do
not know if the calf was born before or after the goring.
We collect half-damage for the ox from the cow, and
quarter-damage from the calf.
(c) (Gemara - Rav Yehudah): Our Mishnah is as Sumchus, who
says that when in doubt, we split the money;
1. Chachamim argue and say, the great general rule in
monetary matters is: the one who wants to collect
must bring proof.
(d) Reuven sold an ox to Shimon; it was found to be a gorer.
2. Question: Why must they say 'this is a great general
rule in monetary matters'?
3. Answer #1: To teach, even when the damagee makes a
definite claim, and the damager is unsure.
4. Answer #2: To teach as Shmuel (as follows).
1. (Rav): The sale is mistaken (and therefore void).
2. (Shmuel): Reuven can say, I sold it to you to
slaughter (the sale is valid).
3. Question: Let us see if Shimon buys oxen for plowing
or for slaughter!
4. Answer: The case is, he buys for both.
5. Question: Let us see if he paid the price of a
plowing ox or an ox for slaughter!
6. Answer: The case is, the price is the same for both.
3) ONE OR TWO DAMAGERS
7. Question: If Reuven has nothing else to give Shimon
in place of the money he owes, he may give him the
(e) Support (for Rav Yehudah - Beraisa - Sumchus): An ox
gored a cow; a dead calf is by the cow, we do not know if
the calf was born before or after the goring. The ox pays
half-damage for the cow, and quarter-damage for the calf;
8. Answer: The case is, Reuven has other money.
i. Rav says the sale is mistaken - we go after the
majority, most people buy oxen for plowing;
ii. Shmuel says he can say, I sold it to you to
slaughter - we only go after the majority in
iii. In monetary matters, the one who wants to
collect must bring proof.
1. Chachamim say, the one who wants to collect must
(f) (Rav Shmuel bar Nachmani): Chachamim learn this principle
from "Whoever has a claim Yigash (will approach) them
(Aharon and Chur)" - we read this, Yagish (he will bring
(proof)) to them.
(g) Objection (Rav Ashi): Why must we learn from a verse -
logic dictates this!
1. Rather, the verse teaches as Rav Nachman.
2. (Rav Nachman): We first listen to the one who claims
that he should collect (and he collects before we
hear the other party's claim) - "Whoever has a claim
Yigash to them" - Yagish (he will bring his claim
3. (Chachamim of Nehardai): Sometimes we first listen
to the defendant's claim, e.g. if his property is
declining in value.
(a) (Mishnah): Similarly, Reuven's cow gored Shimon's ox...
(b) Question: Why does he pay half-damage (from the cow) and
quarter-damage (from the calf) - he only owes
(c) Answer #1 (Abaye): When the Mishnah says half-damage - it
means, half of what he must pay, i.e. quarter-damage;
when the Mishnah says quarter-damage, it means,
1. If Reuven also owns the calf, he must pay
half-damage no matter when the calf was born; the
case is, Levi owns the calf.
(d) Objection (Rava): The Mishnah does not say quarter-damage
and eighth-damage - it says half-damage and
2. [Version #1: If Shimon first demanded payment from
Reuven, Shimon can say, your cow damaged my ox - you
(alone) owe me half-damage, unless you can prove
that the calf (was already born and) was a partner
in the damage.
i. The case is, Shimon first demanded payment from
Levi (he only gets an eighth because of the
doubt). Now Reuven can say, you demonstrated
that you believe that there was a partner in
the damage, so I only need pay half the
ii. [Version #2: Even if Shimon first demanded
payment from Reuven, Reuven can say, I believe
there was a partner in the damage - I will only
pay half the half-damage, unless you bring
(e) Answer #2 (Rava): Really, Reuven also owns the calf. The
Mishnah means: if the cow is here - the entire
half-damage is collected from the cow;
1. If the cow is not here, quarter-damage is collected
from the calf.
(f) A chicken damaged - we do not collect from the eggs.
2. (Inference): The reason is, because we do not know
if the calf was born before or after the goring -
had we known it was born after (and was a partner in
the damage), the entire half-damage could be
collected from it!
3. This is as Rava taught - if a pregnant cow damaged,
one may collect from the calf.
4. Question: Why is this?
5. Answer: It was part of the cow.
(g) Question: Why is this?
(h) Answer: It is as something separate from the chicken.