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Bava Kama 16

1) OTHER ANSWERS FOR THE MISHNAH (cont.)

(a) Answer #3 (Rav Zvid): The whole Mishnah is as Chachamim; it is abbreviated, it means to say the following: there are 5 Tam damagers, if they repeatedly damage, they become Mu'ad.
1. Shen and Regel are Mu'ad from the beginning - this is in the damagee's premises.
(b) Question (Ravina): A later Mishnah teaches 'an ox that damages in the damagee's premises' - what is the case?
1. It only makes sense to ask 'what is the case' about something that was already taught! (According to Rav Zvid, the Mishnah does not discuss Keren in the damagee's premises.)
(c) Answer #4 (Ravina): The Mishnah is abbreviated, it means to say the following: there are 5 Tam damagers, if they repeatedly damage, they become Mu'ad;
1. Shen and Regel are Mu'ad from the beginning;
2. (An ox that repeatedly damaged) is the Mu'ad the Torah mentions;
3. An ox that damages in the damagee's premises - R. Tarfon and Chachamim argue on this;
4. There are also other Mu'adim - a wolf, lion, bear, leopard, Bardelus, and snake.
(d) A Beraisa explains exactly as Ravina.
(e) Question: The Mishnah says, there are (only) 5 Tamim and 5 Mu'adim - are there really no more?!
1. A wolf, lion, bear, leopard, Bardelus, and snake are also Mu'adim!
(f) Answer (Ravina): The Mishnah is abbreviated, it says thusly (as above)...
1. There are also other Mu'adim - a wolf, lion, bear, leopard, Bardelus, and snake.
2) CROUCHING
(a) (Mishnah): An animal is not Mu'ad to crouch...
(b) [Version #1 (R. Elazar): This is only regarding big vessels - but it is normal for it to crouch and break small vessels.
(c) Suggestion: A Beraisa supports R. Elazar.
1. (Beraisa): An animal is Mu'ad to walk and to break and crush people, animals and vessels. (It crushes small people, animals and vessels by crouching.)
(d) Rejection: Perhaps it crushes them against a wall (without crouching).]
(e) [Version #2 (R. Elazar): Not only regarding big vessels, but even small vessels is abnormal to break by crouching.
(f) Question (Beraisa): An animal is Mu'ad to walk and to break and crush people, animals and vessels.
(g) Answer (R. Elazar): Perhaps it crushes them against a wall.]
(h) [Version #3 - Contradiction (Mishnah): An animal is not Mu'ad to crouch;
1. (Beraisa): ...(It is Mu'ad to)...crush people, animals and vessels.
(i) Answer (R. Elazar): It is Mu'ad to crouch on small vessels, not on big ones.
3) OTHER MU'AD ANIMALS
(a) (Mishnah): A wolf, lion...
(b) Question: What is a Bardelus?
(c) Answer #1 (Rav Yosef): Apa (snake?).
(d) Question (Beraisa): R. Meir says (in addition to those of our Mishnah), even a Tzavua (hyena?); R. Elazar says, even a snake.
1. (Rav Yosef): Tzavua is an Apa.
(e) Answer: Bardelus is Apa, a female (some say male) Tzavua; R. Meir adds, even a male (some say female) Tzavua.
1. (Beraisa): A male Tzavua changes every 7 years - it becomes a bat, then a small bat, then a Kimush, then a Chu'ach, then a Shed (demon).
2. A human spine becomes a snake after 7 years if he does not bow at 'We thank you'.
(f) Contradiction (Beraisa): R. Elazar says, even a snake (is also) Mu'ad.
16b---------------------------------------16b

1. (Mishnah): R. Elazar says, if (a wolf, lion...) are domesticated, they are not Mu'ad!
(g) Correction: The Beraisa should read, R. Elazar says, (only) a snake is Mu'ad.
4) HOW LIONS NORMALLY EAT
(a) (Shmuel): If a lion ate from an animal (without killing it) in public domain, it is exempt; if it first killed the animal, it is liable.
1. It is exempt for eating without killing, for this is normal; Shen is exempt in a public domain;
2. If it first killed the animal, it is liable - this is abnormal, Keren is liable in a public domain.
(b) Question: Is it really abnormal for a lion to kill an animal - "A lion tears for its cubs"!
(c) Answer: A lion tears for its cubs, nor for itself.
(d) Question: "(And it) chokes for female lions, and fills (holes of) its dwelling with torn animals."
(e) Answer: But it does not kill to eat.
(f) Question (Beraisa): Also a Chayah (i.e. just as a lion) that entered the damagee's premises, tore an animal and ate meat, pays full damage.
(g) Answer #1: The case is, it tore the animal to store it.
1. Question: But it says, it ate meat!
2. Answer: It tore it intending to store it, then it reconsidered and ate it.
3. Objection #1: How would we know that?
4. Objection #2: Shmuel said that one pays if it kills - he should be concerned, perhaps it tore to store up then reconsidered!
(h) Answer #2 (Rav Nachman bar Yitzchak): The Beraisa means, if it tore an animal to store it or it ate meat without killing, it pays full damage.
(i) Answer #3 (Ravina): Shmuel speaks of a domesticated lion, according to R. Elazar.
1. Question: If so, even eating without killing should be considered abnormal!
2. Correction: Ravina did not explain Shmuel, rather he meant that the Beraisa speaks of a domesticated lion, according to R. Elazar.
3. Question: If so, it should only pay half-damage!
4. Answer: The case is, it became Mu'ad.
5. Question: If so, why was this taught regarding derivatives of Shen - it is a derivative of Keren!
i. This is left difficult.
5) THE DIFFERENCE BETWEEN TAM AND MU'AD
(a) (Mishnah): The difference between Tam and Mu'ad is that Tam pays half-damage mi'Gufo (up to its own value), and Mu'ad pays full damage from the Aliyah.
(b) (Gemara) Question: What is the Aliyah?
(c) Answer (R. Elazar): The Me'ulah (best) of the damager's property.
1. (R. Elazar): "They buried (Chizkiyahu) in Ma'alei of the tombs of the house of David" - by the best of the family, David and Shlomo.
6) AGADIC TEACHINGS OF R. ELAZAR
(a) Question: "They buried (Asa) in the bed...full of spices and Zenim" - what are spices and Zenim?
(b) Answer #1 (R. Elazar): Many types of spices.
(c) Answer #2 (R. Shmuel bar Nachmani): Spices that incite people to Zimah (immorality).
(d) (R. Elazar): "They dug a pit to trap me" - people suspected Yirmeyahu of having sinned with a Zonah;
(e) (R. Shmuel bar Nachmani): They suspected that he sinned with a married woman.
1. We understand R. Elazar's source - "A Zonah is a deep pit".
2. Question: What is R. Shmuel's source?
3. Answer: A married woman that has adultery is also a Zonah!
4. Question: "All their counsel is upon me, to die" - this applies to relations with a married woman, not with a Zonah!
5. Answer: They cast him into a pit of mud.
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