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BAVA KAMA 54

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SUMMARY

The Rabanan hold that Bor is Patur for utensils and Rebbi Yehudah argues.
 
Only the carcasses of animals or Chayos are Metamei with Maga or Masa but not the carcass of birds.
 
Among non-Kosher animals only the Bechor of a donkey has Kedushas Bechorah.
 
Rav holds that a Bor is only Chayav for damage that is caused by its vapor not for damage that is caused solely by impact. (1)
 
A Bor is not Chayav if a person falls in and is killed. (2)
 
If an ox that is deaf-mute, Shoteh, Katan or blind or if the ox is walking at night and it falls into the Bor he is Chayav, but if a healthy ox that is walking during the day falls into the Bor he is Patur.
 
A person who digs a Bor is Chayav for any type of an animal or bird that falls into the Bor.
 
All animals and birds were included in the warning of coming too close to Har Sinai at the time of Matan Torah.
 
A Ganav who steals any type of animal or bird must pay double and a person who finds any type of animal or bird must return it to its owner.
 
If any type of animal is buckling under its load it is a Mitzvah to help the owner unload it and it is prohibited to muzzle any type of animal that is working in the field.
 
All animals are included in the prohibition of Kilayim of plowing or breeding.
 
It is forbidden to allow any type of animal that one owns to engage in Melachah on Shabbos.
 
Kesef Ma'aser Sheni may be used to buy any food that develops from a food and that grows from the ground. (3)
 
It is not Kilayim for a person to plow or to pull a wagon alongside an animal.

A BIT MORE

1. Even though utensils are not normally broken from vapor, however new utensils can be broken from vapor and therefore it is necessary for the Pasuk to exclude them according to the Rabanan.
 
2. If a person falls in and is injured he is Chayav.
 
3. Such as an animal because it is produced from another animal. Water, salt, mushrooms and fungi are excluded and it must grow from the ground or graze from the ground. Fish are excluded because they don't grow from the ground and they don't graze from the ground.

BRIEF INSIGHT

SHOR V'LO ADAM
 
A Bor is not Chayav if a person falls in and is killed because the Pasuk states Shor and Chazal learn out Shor v'Lo Adam. Tosfos asks why is it necessary for a special Pasuk to exclude a person from the Chiyuv of Bor, the Pasuk that excludes Shor Pesulei Mukdashim because its carcass is forbidden b'Hana'ah also excludes a person who was killed, as a person who was killed is also forbidden b'Hana'ah. Tosfos answers that a special Pasuk is required in order to exclude a Nochri or a servant who falls into a Bor because they are not forbidden b'Hana'ah. The Ketzos ha'Choshen explains that only a servant who did not accept upon himself Mitzvos is permitted b'Hana'ah, however if the servant accepted the Mitzvos he has the status of a Yisrael and he is forbidden b'Hana'ah.

QUICK HALACHAH

STUMBLING INTO A BOR
 
A person who digs a Bor or constructs a mound if an animal falls in the Bor he is not Chayav unless the animal is a Ketanah or a deaf-mute or a Shoteh or blind or if it fell at night, but if a Shor that is healthy fell in the Bor and it fell during the day he is Patur because it is like an Ones because it is usual for animals to look where they are going and avoid pitfalls. So too, if a person falls in and dies even if he was blind or he fell at night, whether he was a Ben Chorin or a servant he is Patur, but if a person or a health Shor falls in and is injured he is Chayav. (Shulchan Aruch CM 410:19, 20)

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