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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 59


(a) Abaye equates the stringent opinion of Rebbi Yossi Hagelili ('Achlah Chaziz Nidun bi Meshuyar she'Bo') in the Beraisa currently under discussion, with that of Rebbi Yishmael in another Beraisa. According to Rebbi Akiva there, one pays for the damaged land according to its value at the time of the damage (see Tosfos DH 'u'Mai Niyhu').
What does Rebbi Yishmael say?

(b) Rav Idi bar Avin explains Rebbi Yishmael's statement "Meitav Sadeihu ... ", 'Meitav Sadeihu shel Nizak ... ' differently.
How does he explain it?

(c) On what basis do we reject Rav Idi bar Avin 's explanation?

(a) Rebbi Shimon ben Yehudah quoting Rebbi Shimon says in the Reisha that 'Lulvei Gefanim ve'Yichurei Te'einim are still considered part of the field, and in the Seifa that Pagim or Boser are reckoned as independent fruit, as if they were ready to pick.
What are 'Pagim' and 'Boser'?

(b) How do the Reisha and the Seifa appear to clash?

(c) What does Ravina mean when he answers 'K'roch ve'Tani ... '?

(d) What problem does the fact that Rebbi Shimon now places S'madar in the same category as Pagim and Boser create?

(a) We reply 'K'chash Gufna Ika Beneihu'.
What does 'K'chash Gufna' constitute?

(b) Initially, we do not know which Tana deducts 'K'chash Gufna' and which one does not. But Abaye cites a Beraisa which settles the issue.
What does Rebbi Shimon ben Yehudah quoting Rebbi Shimon ben Menasya say about an O'nes paying Tza'ar?

(c) On what grounds do the Chachamim disagree?

(d) What has Abaye now proved?

(a) Abaye says further that the following Tana'im hold like Rebbi Shimon ben Yehudah. What does ...
  1. ... Rebbi Yossi mean when he says 'Nechi Chayah'?
  2. ... ben Azai mean when he says 'Nechi Mezonos'?
(b) Why does Rebbi Yossi not take into account the fact that the damage and the pain are greater now than if she had had a normal birth with a midwife participating?

(c) Why does ben Azai disagree with Rebbi Yossi?

(a) According to the first Lashon, Rav Papa and Rav Huna Brei de'Rav Yehoshua issued a ruling like Rav Nachman (one in sixty).
What does the second Lashon say?

(b) Like whom is the Halachah?

(c) In which case is the Halachah like the Resh Galusa (who assessed the tree independently)?

Answers to questions



(a) Why was Eliezer Ze'ira standing in the main street of Neherda'a wearing black shoes?

(b) On what grounds did the Resh Galusa's men object to this?

(c) What option did Eliezer Ze'ira give them to discover whether he was a great man or not?

(a) When the Resh Galusa's men opted for him to ask them, he asked them how much someone who cuts off Kufra from a date-palm has to pay.
What is 'Kufra'?

(b) What was his She'eilah? Why should the Mazik not pay ...

  1. ... for Kufra?
  2. ... for fully-grown dates?
(c) So what did he rule?

(d) How did he vindicate himself? What happened as a result of his efforts?

8) We have already quoted Rebbi Shimon, who says in our Mishnah that if the animal ate fruit that was ready to pick, the owner pays for the fruit independently.
How does he derive this from the Pasuk "u'Bier bi'S'dei Acher"?


(a) Rav Huna bar Chiya ... stated that Rav issued a ruling like Rebbi Meir. What does Rebbi Meir say about a woman who signs on the second sale of the field that was designated for her Kesuvah, after having declined to sign the first time her husband attempted to sell it?

(b) What does Rebbi Yehudah say?

(c) Why does Rebbi Meir disagree with Rebbi Yehudah specifically in this case?

(d) Rav also ruled like Rebbi Shimon.
Which statement of Rebbi Shimon was he referring to?

(a) Our Mishnah states that if an animal belonging to Shimon ate the haystack that Shimon made in his field without his consent, he is Patur.
What does the Tana say in a case where Shimon's animal ...
  1. ... tripped over the hay and got hurt?
  2. ... ate the hay after Reuven received permission to enter?
(b) Is this a S'tam Mishnah not like Rebbi, who holds that even if Shimon would permit Reuven to enter, this would not automatically include an undertaking to accept liability for any damage to his goods, unless he specifically undertook to do so?
(a) We have already cited our Mishnah which exempts someone who leaves a fire in the charge of a 'Chashu', should the fire subsequently cause damage. Who is liable if the person in whose charge he leaves it is a Pike'ach?

(b) Who is liable in a case where Reuven prepares ...

  1. ... the fire, and Shimon, the wood?
  2. ... the wood and Shimon, the fire?
(c) And who will be liable if in either of the above cases ...
  1. ... Levi fanned the flames?
  2. ... the wind fanned the flames?
(a) We have also already cited the Machlokes between Resh Lakish and Rebbi Yochanan regarding how our Mishnah speaks. According to Resh Lakish quoting Chizkiyah, the Tana speaks when he handed the 'Chashu' non-flaming coal. What would the Din be if he handed him a flaming coal?

(b) What does Rebbi Yochanan say?

(c) Under which circumstances would he be liable for leaving a fire in the charge of a 'Chashu', even according to Rebbi Yochanan?

Answers to questions

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