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Bava Kama 50

BAVA KAMA 50 (27 Elul) - Dedicated in honor of the Yahrzeit of Chana Susha bas Reb Dovid Mordechai, by her son, Moshe Wolfson.


(a) Rav Yosef argues with Rabah. In his opinion, Rebbi Yishmael and Rebbi Akiva agree that a Bor bi'Reshuso is Chayav.
From where do they learn this?

(b) According to him, they argue over a Bor bi'Reshus ha'Rabim.
From where does Rebbi Yishmael learn that a Bor bi'Reshus ha'Rabim is also Chayav?

(c) Rabbi Akiva maintains that both Pesukim are necessary.
What would we have thought, had the Torah only written ...

  1. ... "Ki Yiftach ... "?
  2. ... "Ki Yichreh ... "?
(d) Seeing as Rebbi Yishmael has a Pasuk for Bor bi'Reshus ha'Rabim as well as for Bor bi'Reshuso, what does he mean when he says 'Zehu Bor ha'Amur ba'Torah'?
(a) Who is the author of our Mishnah (which accommodates both kinds of Bor) according to ...
  1. ... Rabah?
  2. ... Rav Yosef?
(b) We ask on Rav Yosef from a Beraisa.
On what grounds does the Tana there forbid digging a pit in the Reshus ha'Rabim which opens into a Reshus ha'Yachid, even though he is Patur regarding damages?

(c) What does the Tana say about someone who digs a pit in the Reshus ha'Yachid ...

  1. ... or in the Reshus ha'Rabim, which opens into the Reshus ha'Rabim?
  2. ... right beside the Reshus ha'Rabim, in the form of Le'ushin? What are Le'ushin"?
(d) Rebbi Yossi b'Rebbi Yehudah disagrees with the last ruling.
What does he say about Le'ushin?
(a) Based on the inference 'Ta'ama di'Le'ushin, Ha La'av Le'ushin, Chayav', how does the Seifa clash with the Reisha?

(b) How do we answer the Kashya according to Rabah?

(c) Why can Rav Yosef not answer in the same way?

(d) Rav Yosef finally establishes the entire Beraisa (even the Reisha) according to both opinions.
How does he do this? How does the Reisha speak?

(a) Rav Ashi maintains that if we can accommodate the Reisha like both opinions according to Rav Yosef, we can do likewise in the Seifa, according to Rabah.
According to Raba, how can the Seifa, which obligates a Bor bi'Reshuso, possibly go like Rebbi Yishmael?

(b) In another Beraisa, the Tana obligates someone who digs a pit in his Reshus ha'Yachid, but which opens into the Reshus ha'Rabim, to pay.
What does he say about someone who digs it in the Reshus ha'Yachid right next to the street?

(c) According to Rabah, the author of the entire Beraisa is Rebbi Yishmael (who obligates a Bor bi'Reshus ha'Rabim, but exempts a Bor bi'Reshus ha'Rabim).
What is the problem with this Beraisa, according to Rav Yosef?

(d) How do we reconcile the Beraisa with Rav Yosef's opinion?

(a) In which circumstances is someone who digs a water-hole in the Reshus ha'Rabim, Patur?

(b) What did Nechunyah Chofer Boros, Sichin u'Me'oros used to do?

(c) What did the Chachamim mean when they declared about him 'Kiyem Zeh Halachah Zu'?

(a) When they informed Rebbi Chanina ben Dosa that Nechunyah Chofer Boros, Sichin u'Me'oros' daughter had fallen into a large water-hole, what did he declare ...
  1. ... during the first hour?
  2. ... during the second hour?
  3. ... during the third hour?
(b) What actually happened to her? What is the significance of the ram and the old man leading it?

(c) How did Rebbi Chanina ben Dosa know what happened?

(d) How will we then explain the fact that Nechunyah Chofer Boros, Sichin u'Me'oros' son died of thirst (se Tosfos DH 'Davar').

(a) What do we learn from the Pasuk in Tehilim "u'Sevivav Nis'arah Me'od"?

(b) From which alternative Pasuk do we derive this principle?

(c) What does Rebbi Chanina learn from the Pasuk in Ha'azinu "ha'Tzur Tamim Pa'alo, Ki Chol Derachav Mishpat"?

(d) What does Rav Chana (or Rebbi Shmuel bar Nachmeni) learn from the Pasuk Ki Sisa "Erech Apayim"?

Answers to questions



(a) What does the Beraisa say about clearing stones from one's property?

(b) Why did that Chasid refer to a certain man as an empty person?

(c) Why did the man mock him?

(d) How was the Chasid vindicated?

(a) The Tana of our Mishnah obligates a person who digs a pit in the Reshus ha'Rabim, should an ox fall into it.
Does the shape of the pit make any difference?

(b) A 'Bor' is a round pit ten Tefachim deep.
What is ...

  1. ... a Si'ach?
  2. ... a Me'arah?
  3. ... Charitzin?
  4. ... Ne'itzin?
(c) Seeing as one is Chayav for any of these, why did the Torah choose to write specifically "Bor"?

(d) When is one Chayav to pay for an ox that fell into a pit of less than ten Tefachim, and when is one Patur?

(a) Rav confines the damage of Bor to the Havla (the vapor in the pit). Why not to the Chavatah (the knock on the ground)?

(b) What does Shmuel say?

(c) Seeing as, according to Shmuel, the Chiyuv caused by the Chavatah is more obvious than that of the Havla (as we just explained), how does he know that one is Chayav for the Havla too?

(d) What are the practical ramifications of the Machlokes between Rav and Shmuel?

(a) Shmuel interprets the Pasuk "*ve'Nafal* Shamah Shor ... " loosely.
How does Rav derive his opinion from there?

(b) Our Mishnah states 'Mah Bor, she'Yesh Bo Kedei Le'hamis, Af Kol ... '. According to Shmuel, Af Kol ... ' comes to include an obstacle which is more than ten Tefachim tall.
What does it come to include, according to Rav?

(c) Having taught us that one is Chayav for ...

  1. ... a pit, why does the Tana find it necessary to add a trench?
  2. ... a trench, why does he need to add a cave?
  3. ... a cave, why does he need to add a square ditch?
  4. ... a square ditch, why does he need to add a triangular ditch?
(a) Our Mishnah exempts the owner of a pit which is less than ten Tefachim deep into which an ox fell and died.
What reason do we initially attribute to the P'tur? On whom is this a Kashya?

(b) How do we resolve this Kashya? Why is he really Patur?

(c) Then why is he Chayav for Nezikin, should the animal suffer injuries but not death?

(a) Why did Rav Nachman declare T'reifah an ox that fell into a canal (for watering the field) and which the owner Shechted?

(b) It was the man's own fault for not attending the Beis-Hamedrash more regularly.
What would he have learned that would have changed the situation, had he done so?

(c) How many Tefachim deep was the canal? What bearing did the depth have on its more common name?

(d) How will Rav Nachman explain our Mishnah, which exempts a pit of less than ten Tefachim from Miysah? Does he hold like Rav or Shmuel?

Answers to questions

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