OUTLINES OF HALACHOS FROM THE DAF
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim daf@dafyomi.co.il http://www.dafyomi.co.il
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BAVA KAMA 26 (27 Teves) - Dedicated in honor of the memory of Hagaon ha'Gadol Rav Pinchas Hirschprung, well-known and much loved Rav of Montreal, Talmid of Hagaon Rav Meir Shapiro (founder of the Dafyomi cycle), on the day of his Yahrzeit. Dedicated by his son, Rav Yitzchak Hirschprung, may he be blessed with long years and all that he needs.
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1) A KLI DROPPED ONTO PILLOWS
(a) Gemara
1. 26b (Rabah): If Reuven threw Levi's Kli off the
roof, and there were pillows on the ground, and
David removed them, or even if Reuven removed them,
he is exempt.
2. Question: What is the reason?
3. Answer: When he threw it, his arrows ceased (it was
not destined to break).
4. 98b (Rabah): If Reuven burned Shimon's loan
document, he is exempt. He can say 'I burned a mere
piece of paper!'
5. (Ameimar): The opinion that obligates for Garmi
(direct causation) obligates paying the full value
of the document. The opinion that exempts for Garmi
obligates paying the value of the paper.
6. A case occurred, and Rafram forced Rav Ashi to pay
the full value.
(b) Rishonim
1. Rif: Presumably, the Halachah does not follow Rabah,
who exempts for Garmi. He holds that one who burned
another's document is liable only b'Yedei Shamayim.
The Halachah does not follow him. Ameimar forced Rav
Ashi to pay fully.
i. Nimukei Yosef (11b DH Mifsekei): The Meforshim
agree with the Rif that the Halachah does not
follow Rabah. We obligate for Garmi. Since it
will surely be damaged, pulling away the
pillows is Garmi, not Gerama.
2. Rosh (2:16): The Ri explained that this is only
Gerama, since he did not do an action to the matter
that was thrown. Presumably, this is correct.
i. Hagahos Ashri: All agree that he is exempt.
Garmi is when he himself damaged another's
property, or when he damages at the time he
acts.
3. Rambam (Hilchos Chovel u'Mazik 7:7): If Levi threw
his Kli off the roof, and there were pillows on the
ground, and Shimon removed the pillows and the Kli
broke, he pays full damage. Removing the pillows
caused it to break. The same applies to all similar
cases.
i. Rebuttal (Ra'avad): The Rambam obligates
because we obligate for Garmi. Not all agree in
this case, for he did not do anything to the
Kli.
4. Rambam (8): If Reuven threw Levi's Kli off the roof,
and there were pillows on the ground, and Levi
removed them, Reuven is liable, for his throwing is
the first cause of the breakage. If Shimon removed
them, he and Reuven are liable, for both of them
caused the loss to Levi.
i. Rebuttal (Ra'avad): I never saw such a blunder.
Reuven's arrows stopped! The Rambam obligates
Shimon; others exempt him, like I wrote.
ii. Magid Mishneh: The Rambam explains that Rabah
exempts the one who threw the Kli. He did not
discuss the one who removed the pillows.
Perhaps he agrees that he is liable! The Rif
says that the Halachah does not follow Rabah,
who exempts the one who threw it. The Ra'avad
holds like Rashi.
iii. Kesef Mishneh: What is the Ra'avad's question?
The Rambam holds that the Halachah does not
follow Rabah, like the Rif said!
iv. Lechem Mishneh: The Kesef Mishneh's text says
'or the thrower removed the pillows.' If so,
perhaps the Rif means that the Halachah is
unlike Rabah who exempts for removing, but we
also exempt for throwing, for his arrows
ceased! This is why the Magid Mishneh says that
these words were not in the Rambam's text.
v. Bach (CM 386:4 DH umi'Kol): The Rambam held
that the Gemara did not explain why the one who
removed the pillows is exempt, for it is
obvious. He is the last cause of the damage.
When Levi threw his own Kli, the one who
removed the pillows pays full damage, for he is
the first (and only) cause of damage.
(c) Poskim
1. Shulchan Aruch (CM 386:3): If Levi threw his Kli off
the roof, and there were pillows on the ground, and
had it fell on them it would not have broken, and
Shimon removed the pillows and the Kli broke, he is
liable. The same applies to all similar cases.
i. Shiltei ha'Giborim (11b-12a, cited in Drishah
2): When Levi threw his own Kli, surely he did
not intend that it break. Therefore, Shimon
pays full damage. If Reuven threw Levi's Kli,
then the Rambam holds that Reuven and Shimon
are partners in the damage. If Reuven threw
Levi's Kli, and Levi himself removed his
pillows, Reuven is liable. Levi may remove his
pillows whenever he wants. Reuven caused the
damage; he had no right to throw the Kli. If
one who does not own the pillows removed them,
since he had no permission, he and Reuven are
partners in the damage.
ii. Bach (4 DH v'Nir'eh): One who throws his own
Kli knows that only the owner of the pillows
may remove them. Presumably, he knew that the
owner was not here. (Therefore, anyone else who
removed them is liable.) The owner of the
pillows may remove them whenever he wants, just
like David may take back his cover that Yosef
used it to cover a pit. Even if Levi removed
his pillows, without concern that his Kli will
break, the one who threw it liable.
2. Rema: Some say that this is Gerama, and he is
exempt.
i. Gra (6): This is like Tosfos, who distinguishes
Gerama from Garmi, for in many places we hold
that Gerama is exempt.
ii. Shach (18): The Maharshal and many Poskim hold
like this. It is the primary opinion.
3. Rema (ibid.): Even if Shimon threw Levi's Kli off
the roof, and there were pillows on the ground, and
Shimon himself removed them, he is exempt. He is
exempt for throwing it, for it was not destined to
break. Removing the pillows is mere Gerama.
i. Shach (19): He is exempt only if he pushed the
Kli off the roof. If he lifted it, he acquired
it like a thief, and must return it.
ii. Gilyon Maharsha: Rashi (53a DH Nofal) similarly
says that if an animal fell into David's pit
due to the noise of David digging, since he is
exempt for causing it to fall (it is Gerama),
he is exempt also for damage due to his pit.
See also:
IS THERE A DIFFERENCE BETWEEN GERAMA AND GARMI? (Bava Kama 100)
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