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1) THE PRIMARY DAMAGERS

(a) (Mishnah): There are 4 primary damagers: an ox, a pit, Mav'eh (explained below), and fire.

1. The leniency of an ox is unlike that of Mav'eh, and vice-versa;
2. The leniency of these 2, which are alive, is unlike that of fire, which is not;
3. The leniency of these 3, which move and damage, is unlike that of a pit, which does not;
4. The common side of all 4: their nature is to damage, you are obligated to guard them; if they damaged, the damager must pay from highest quality land.

(a) (Gemara) Inference: If these are primary damagers, there must be secondary damagers.
(b) Question: Are the secondary damagers like the primary damagers or not?

1. (Mishnah): (Regarding Shabbos) there are 39 primary Melachos; the secondary Melachos are like the primary Melachos;

i. The punishment for either is stoning (if intentional) or a sin-0offering (if unintentional).

2. Question: What difference does it make if they are primary or secondary Melachos?
3. Answer: If someone did 2 primary or 2 secondary Melachos (unintentionally), he must bring 2 sin-0offerings;

i. If he did a primary Melachah and a secondary Melachah of that same Melachah, he only brings 1 sacrifice.

4. Question: R. Eliezer says that in all cases, he brings a sacrifice for every Melachah - how does he explain the difference between primary and secondary Melachos?
5. Answer: Those which were done in the Mishkan are important, they are called primary; the others are less important, they are called secondary.
6. (Mishnah): (Regarding Tum'ah) primary Tum'os (include) rodents, semen, and a corpse.

7. The secondary Tum'os are unlike the primary Tum'os - primary Tum'os impart Tum'ah to people and vessels, secondary Tum'os do not.

(c) Answer (Rav Papa): Regarding damagers, some secondary damagers are as the primary ones, others are not.
(d) (Beraisa): Three primary damagers pertain to an ox: Keren (the horn, i.e. goring), Shen (eating) and Regel (trampling).

(a) Question: From where do we know Keren?
(b) Answer (Beraisa): "When will gore" - goring is with the horns.

1. We learn from "He made for him...horns...will these you will gore Aram" and "...His horns, with them he will gore nations".
2. Question: Why is a second verse needed?
3. Answer #1: In case you will say that mid'Oraisa laws are not learned from the prophets, we can learn from a verse of the Torah.

i. Objection: We are not learning a law, just clarifying that goring is with a Keren!

4. Answer #2: Rather, one might have thought that the Torah only distinguishes between a tame animal and an established gorer regarding detached horns - but if the horns are attached, it is always considered an established gorer;

i. "His horns..." teaches that this is not so (because it mentions goring (in the same language that the Torah distinguished between tame and established gorers) with attached horns).

(c) Question: What are the secondary damagers of Keren?
(d) Answer: Pushing, biting, crouching and kicking.
(e) Question: Why is only goring primary?

1. If because it says "When will gore" - it also says "When will push"!

(f) Answer: The latter verse also refers to goring.

1. (Beraisa): The Torah first says "Yigach (gore)" and later "Yigof" to teach that both are the same.

(g) Question: Why does the Torah say "Yigach" by goring people and "Yigof" by goring animals?
(h) Answer: Man has Mazal, so it says "Yigach" (he would not be gored unless the animal intended); animals lack Mazal, so it says "Yigof" (it could be gored without intention).

1. This teaches that an animal established to gore people is established to gore animals, but not vice-versa.

(i) Question: Why is biting called a derivative of Keren - it is a derivative of Shen (eating)!
(j) Answer: No - Shen is when the animal benefits; the animal does not benefit from biting.
(k) Question: Why are crouching and kicking called derivatives of Keren - they are derivatives of Regel (trampling)!
(l) Answer: No - Regel is common damage; crouching and kicking are not common.