Mishnah 1
Hear the Mishnah

1)

(a)The Mishnah discusses someone who brings his sheep into the pen, and after he has closed the gate behind them, one of them escapes and causes damage. On what condition does the Tana exempt the owner from paying?

(b)If the sheep breaks out at night and causes damage, he is Patur too (See Tos. Yom-Tov). What if robbers help the sheep to break out ('Hotzi'uhah Listim')?

(c)What does 'Hotzi'uhah Listim' incorporate?

1)

(a)The Mishnah discusses someone who brings his sheep into the pen, and after he has closed the gate behind them, one of them escapes and causes damage. The Tana exempts the owner from paying - provided he closed the gate properly (See Tos. Yom-Tov).

(b)If the sheep breaks out at night and causes damage, he is Patur too (See Tos. Yom-Tov). If robbers help the sheep to break its way out ('Hotzi'uhah Listim') - they are Chayav (See Tos. Yom-Tov).

(c)'Hotzi'uhah Listim' incorporates - where they stood in front of it encouraging it to escape without even touching it.

2)

(a)What does the Tana say about a sheep ythat damages after the owner has ...

1. ... placed it in the sun?

2. ... handed it to a 'Chashu'?

(b)What is the reason for ...

1. ... the former ruling?

2. ... the latter ruling

(c)What if he hands the sheep to a shepherd?

(d)What might we otherwise have thought?

2)

(a)The Tana rules that, if a sheep damages after the owner has ...

1. ... placed it in the sun or ...

2. ... handed it to a 'Chashu' - he is Chayav ...

(b)...

1. ... in the former case - because by doing so, he caused the sheep to become affected by the heat, in which case it requirea a better guarding.

2. ... in the latter case - because a Chashu cannot be relied upon to guard it properly.

(c)However, if he hands the sheep to a shepherd - the shepherd takes his place, and he is Patur (See Tos. Yom-Tov).

(d)We might otherwise have thought that - he remains Chayav (like one Shomer who hands the sheep to another).

Mishnah 2
Hear the Mishnah

3)

(a)The Tana now rules that if a sheep falls into a garden below the field and damages, the owner only pays for what the sheep benefited. Why not full damages?

(b)Besides where the sheep made its way down to the garden, on what condition will he be Chayav to pay for the damage?

(c)Why is that?

3)

(a)The Tana now rules that if a sheep falls into a garden below the field (See Tos. Yom-Tov) and damages, the owner only pays for what the sheep benefited; not full damages - because it speaks where the animal slipped and fell be'Oneis.

(b)Besides where the sheep made its way down to the garden, he will also be Chayav to pay full damages - if the sheep fell after being pushed by another sheep ...

(c)... because the owner was careless for leading two animals side by side and not one behind the other (See Tos. Yom-Tov).

4)

(a)How does one assess the damage that a sheep does when it eats some corn that is growing in somebody else's field?

(b)In this connection, what do we learn from the Pasuk (in connection with 'Shen') "u'Bi'er bi'Sedei Acher"?

(c)What if it ate an entire row of vegetables?

4)

(a)To assess the damage that a sheep does when it eats some corn that is growing in somebody else's field - one takes the value of the Beis Sa'ah from which it ate, before it ate and after it ate and the Mazik must pay the difference.

(b)In this connection, we learn from the Pasuk (in connection with 'Shen') "u'Bi'er bi'Sedei Acher" that - one does not simply pay for the crops that one's sheep ate, but as a fraction of the Beis Sa'ah (See Tos. Yom-Tov DH 'BeisSa'ah' 1& 2)) ...

(c)... even if it ate a complete row of vegetables.

5)

(a)What does Rebbi Shimon say about the current case? On what condition does he obligate the owner to pay in full whatever his sheep ate?

(b)Why is that?

(c)Like whom is the Halachah?

5)

(a)In the current case, Rebbi Shimon rules that - if the animal ate 'fruit' that is fully ripe, the owner is obligated to pay in full whatever his sheep ate, a Sa'ah if it ate a Sa'ah, two Sa'ah, if it ate two ...

(b)... because whatever is fully-grown is considered as if it is detached (See Tos Yom-Tov).

(c)The Halachah is - like Rebbi Shimon.

Mishnah 3
Hear the Mishnah

6)

(a)What does the Mishnah say about Reuven's animal that ...

1. ... eats the haystack that Shimon built in his (Reuven's) field without permission?

2. ... is wounded by the haystack?

(b)If Shimon built the haystack with permission, then, in the latter case, the owner of the field is Chayav. What is the case?

(c)Who is the owner in this case?

(d)On what grounds is he Chayav?

(e)What will the Din be in the same case, but where Shimon invited Reuven to build a haystack in his field?

6)

(a)The Mishnah rules, in a case where Reuven's animal ...

1. ... eats the haystack that Shimon built in his (Reuven's) field without permission - that - Reuven is Patur.

2. ... is wounded by the haystack (See Tos. Yom-Tov) that - Shimon is Chayav.

(b)If Shimon built the haystack with permission, then, in the latter case, the owner of the field is Chayav. The case is - where many people build their haystacks in a large valley, and they hire a communal guard to keep an eye on them.

(c)Consequently, 'the owner of the field' refers to - the guard,

(d)He is Chayav - because when he authorizes anyone to build a haystack in the area under his jurisdiction, he means that he will keep an eye on it too.

(e)In the same case, but where Shimon invited Reuven to build a haystack in his field - he will not be liable for subsequent damage to the haystack (See Tos. Yom-Tov).

Mishnah 4
Hear the Mishnah

7)

(a)What does the Mishnah say about Reuven who leaves burning coals (See Tiferes Yisrael) in the jurisdiction of ...

1. ... a Chashu?

2. ... Shimon?

(b)Who is liable for any subsequent damage in a case where Reuven first makes a fire and Shimon places wood on the flames, or vice-versa?

(c)What if ...

1. ... Levi subsequently fans the flames?

2. ... the lit fire is fanned by an unusually strong wind (See Tos. Yom-Tov)?

(d)The word for 'fanned' is 'Libah'. Some have the text 'Nibah'. What is the connection between 'Nibah (from 'Niv Sefasayim' [the speech of the lips) and fanning?

7)

(a)The Mishnah rules that, if Reuven leaves burning coals (See Tiferes Yisrael) in the jurisdiction of ...

1. ... a Chashu - he is 'Patur be'Dinei Adam' but 'Chayav be'Dinei Shamayim' (See Tos. Yom-Tov DH 'Patur' and DH 'ha'Pike'ach Chayav').

2. ... Shimon - then Shimon is liable for any subsequent damage (See Tos. Yom-Tov).

(b)If Reuven first makes a fire and Shimon places wood on the flames, or vice-versa - the latter is liable for any subsequent damage.

(c)If ...

1. ... Levi subsequently fans the flames - then he is Chayav, whereas if

2. ... the lit fire is fanned by an unusually strong wind (See Tos. Yom-Tov) - then Reuven and Shimon are both Patur.

(d)The word for 'fanned' is 'Libah'. Some have the text 'Nibah' - (from 'Niv Sefasayim' [the speech of the lips) - since when a person speaks, he creates a wind that emerges from between the lips.

8)

(a)The Torah writes in connection with the Chiyuv of Eish "u'Matz'ah Kotzim (thorns), ve'Ne'echal Gadish, O ha'Kamah (standing corn) O ha'Sadeh". What does the Mishnah learn from the word "ha'Sadeh" (See Tos. Yom-Tov)?

(b)The Tana exempts the owner of a fire from paying damages if it passes over a wall or a public road and causes damage. What height must the wall be and how wide the public road, for the owner to be Patur?

(c)What is the source of the sixteen Amos?

(d)What is the third item in the current list?

8)

(a)The Torah writes in connection with the Chiyuv of Eish "u'Matz'ah Kotzim (thorns), ve'Ne'echal Gadish, O ha'Kamah (standing corn) O ha'Sadeh". From the word "ha'Sadeh", the Mishnah learns that - the Mazik is even Chayav to pay for the furrows that the fire ruined. (See Tos. Yom-Tov).

(b)The Tana exempts the owner of a fire from paying damages if it passes over a wall - that is four Amos tall (See Tos. Yom-Tov), or a public road - that is sixteen Amos wide, and causes damage on the other side.

(c)The source of the sixteen Amos is - the 'road' in the desert along which the wagons traveled.

(d)The third item in the current list is - a river (See Tos. Yom-Tov).

9)

(a)What does Rebbi Elazar ben Azaryah mean when he says (in connection with someone who lights a fire in his own domain) that we see the fire as if it was in the middle of a Beis-Kur?

(b)Rebbi Eliezer gives the Shi'ur as sixteen Amos. What is the significance of this Shi'ur?

(c)What does Rebbi Akiva say?

(d)What does Rebbi Shimon say, based on the Pasuk "Shalem Yeshalem ha'Mav'ir es ha'Be'eirah"?

(e)Like whom is the Halachah?

9)

(a)When Rebbi Elazar ben Azaryah says (in connection with someone who lights a fire in his own domain) that we see the fire as if it was in the middle of a Beis-Kur (See Tos. Yom-Tov), he means that - if the area (in his own domain) surrounding the fire is half a Beis Kur in each direction, then he is not liable for any damage that the fire causes beyond that.

(b)Rebbi Eliezer gives the Shi'ur as sixteen Amos (See Tos. Yom-Tov) - like a R'shus ha'Rabim.

(c)According to Rebbi Akiva - the Shi'ur is fifty Amos.

(d)Based on the Pasuk "Shalem Yeshalem ha'Mav'ir es ha'Be'eirah" Rebbi Shimon - holds that - it all depends on the size of the fire and its velocity as to whether the owner is Patur or not.

(e)The Halachah is - like Rebbi Shimon.

Mishnah 5
Hear the Mishnah

10)

(a)According to Rebbi Meir, if Reuven's fire burns Shimon's haystack together with the Keilim inside it, Reuven must pay for both the haystack and the Keilim (Tamun). What do the Chachamim hold?

(b)Why do they say that he only pays for a haystack of wheat (if it comprised wheat) or of barley (if it comprised barley)? Why not just say that he is Patur on the Keilim?

(c)What is the Chachamim's source?

10)

(a)According to Rebbi Meir, if Reuven's fire burns Shimon's haystack together with the Keilim inside it, Reuven must pay for both the haystack and the Keilim (Tamun). The Chachamim hold - that he is Patur from Tamun.

(b)They say that he only pays for a haystack of wheat (if it comprised wheat) or of barley (if it comprised barley [and not just that he is Patur on the Keilim]) - to teach us that one considers the area where the Keilim were hidden as if it was full of wheat or barley, for which the Mazik has to pay

(c)The Chachamim's source is - the Pasuk "O ha'Kamah".

11)

(a)What do the Chachamim hold where Reuven sets fire to Shimon's mansion, regarding paying for the contents of the mansion?

(b)Why is that?

(c)What can we extrapolate from there regarding the P'tur of Keilim in the haystack?

(d)What might that preclude?

(e)Like whom is the Halachah?

11)

(a)If Reuven sets fire to Shimon's mansion - the Chachamim obligate him to pay for the entire contents of the mansion ...

(b)... since people tend to keep all their belongings in their houses.

(c)Consequently - we will confine the P'tur of Keilim in the haystack - to things that one does not normally keep in a haystack ...

(d)... to preclude 'Morigin' (boards with metal prongs used for threshing) pitch-forks and implements belonging to the cattle (See also Tos. Yom-Tov DH 'va'Chachamim Omrim ... '), for which, the Chachamim will concede that he is Chayav.

(e)The Halachah is - like the Chachamim.

12)

(a)From which part of the Pasuk ("Ki Seitzei Eish ...") do we learn that the Chiyuv of Eish extends to animals?

(b)In a case where a kid-goat that is tied to he haystack and an Eved who is standing next to it are burned together with the haystack, what is the Din regarding ...

1. ... the kid-goat?

2. ... the Eved?

(c)What is the reason for the latter ruling?

12)

(a)We learn that the Chiyuv of Eish extends to animals from - "O ha'Kamah".

(b)In a case where a kid-goat that is tied to the haystack and an Eved who is standing next to it (See Tos. Yom-Tov) are burned together with the haystack, the Din regarding ...

1. ... the kid-goat is - that the Mazik is Chayav, though on ...

2. ... the Eved - he is Patur ...

(c)... since the Eved ought to have run away.

13)

(a)What is the Din in the reverse case, where the Eved is tied to the haystack and the kid-goat is standing next to it?

(b)What would be the Din if the kid-goat was also tied to the haystack?

(c)So why does the Tana refer to where it was standing next to it?

(d)Based on what principle is he Patur in the latter case from paying for the kid-goat?

13)

(a)In the reverse case, where the Eved is tied to the haystack and the kid-goat is standing next to it - he is Patur on the kid-goat (and on the haystack) too, as indeed he would be even ...

(b)... if the kid-goat was also tied to the haystack.

(c)And the reason that the Tana refers to where it was standing next to it - is to balance the Reisha.

(d)In the latter case, he is Patur from paying for the kid-goat - due to the principle 'Kam leih bi'de'Rabah mineih' (since he is Chayav Misah for killing the Eved (See Tos. Yom-Tov), he cannot be Chayav Mamon for the same action).

Mishnah 6
Hear the Mishnah

14)

(a)What does the Tana say about a spark that flies out from a hammer-stroke and damages?

(b)What does he rule in a case of a camel laden with flax walking in the street, if the flax enters a store, catches fire on the storekeeper's lamp and burns down the entire building?

(c)On what condition will he be Patur?

14)

(a)The Tana rules that, if a spark flies out from a hammer-stroke and damages - the owner is Chayav (See Tiferes Yisrael).

(b)In a case of a camel laden with flax walking in the street, if the flax enters a store, catches fire on the storekeeper's lamp and burns down the entire building - he obligates the owner of the camel to pay (See Tos. Yom-Tov) ...

(c)... unless the storekeeper placed the lamp outside the store, in which case he is Chayav tyo pay for the flax.

15)

(a)How does Rebbi Yehudah qualify the latter ruling?

(b)What is his reason?

(c)What is the Halachah?

15)

(a)Rebbi Yehudah qualifies the latter ruling - by exempting the storekeeper if the incident took place on Chanukah (where he lit his Menorah beside the front door of his store, and) ...

(b)... where he is Patur, since, by placing his Menorah outside, he was performing a Mitzvah.

(c)The Halachah is - like the Tana Kama (that if a person places his Menorah in a place where it threatens others, he remains liable [See Tos. Yom-Tov).

D.A.F. TALMUD RESOURCES
FOR MASECHES BAVA KAMA