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BAVA KAMA 60

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BAVA KAMA 60 - Two weeks of study material have been dedicated by Ms. Estanne Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

SUMMARY

If one person brings a flame and a second person brings wood if the wind ignites the fire they are both Patur.
 
If a person ignites the fire with the help of the wind if it would have ignited even without the wind he is Chayav. (1)
 
If someone winnows on Shabbos even though it is done with the help of the wind he is Chayav a Chatas.
 
Rebbi Ashi says that even though a person is Chayav on Shabbos for winnowing with the help of the wind, however someone who ignites a fire with the help of the wind is Patur because Gerama in Nezikin is Patur. (2)
 
If someone ignites a fire and it consumed wood, or seared stones, or scorched a plowed field he is Chayav.
 
The Chachamim hold that Esh is Patur for concealed objects, while Rebbi Yehudah argues.
 
If a fire consumes livestock or trees the Ba'al ha'Esh is Chayav.
 
Punishment does not come to the world unless there are Resha'im in the world but the Tzadikim are punished first so that they will not have to witness the destruction.
 
When a destructive force is unleashed it does not differentiate between Resha'im and Tzadikim and it even starts with the Tzadikim.
 
A person who is traveling should retire for the night before nightfall and should not continue his trip until daybreak.
 
If there is a plague in the city a person should stay inside even during the day and even if it is frightening inside as well.
 
Rava closed his windows when a plague was raging in his town.
 
When there is a famine people should travel elsewhere even if traveling may be dangerous.
 
If there is a plague in the city one should not travel in the middle of the road and at a time of tranquility one should not travel on the side of the road. (3)
 
Hakadosh Baruch Hu says that He ignited an Esh in Tziyon that consumed the Beis ha'Mikdash and He will one day rebuild it with fire.
 
If a person saves himself by burning the grain of his friend he is obligated to pay.
 
A King may break down the fences of the fields of his friend in order to make a path for his entourage.
 
If when someone steals he has in mind to repay the Gezeilah he is still regarded as a Rasha.

A BIT MORE

1. However, if the fire would not have ignited without the help of the wind he is Patur. Abaye says that he is only Patur if he ignites it from one side and the wind ignited it from the other side. Rava says that he is only Patur if when he started to ignite it the wind was blowing lightly and subsequently the wind started to blow very strongly and ignited the fire. Rebbi Zeira says that he is only Patur if he blew very lightly when he ignited the fire.
 
2. However, regarding Shabbos a person is Chayav for a Meleches Machsheves even if it is done by way of Gerama.
 
3. At a time of plague the angel of death walks in the middle of the road while at other times he walks on the side of the road.

BRIEF INSIGHT

SHEMATETA VS. AGGADETA
 
Rebbi Ami and Rebbi Asi were sitting in front of Rebbi Chiya Bar Aba, one made a request for Divrei Agadah and one made a request for Divrei Halachah. The Ben Yehoyada explains that Rabah always started off his lecture with a light topic to open up the hearts of the students. The light topic that he started with was Divrei Agadah which gladdens the heart. In truth, it should not be necessary to start with a light topic because a person should regard the Torah every day like something new that he is learning for the first time because a person should always look at it as if he is receiving the Torah today on Har Sinai. If a person regards the Torah in that fashion his ear will always be open to Divrei Torah and the Torah will always gladden the heart. However, not everyone is at that level and therefore Rabah started his lecture with Divrei Agadah. Rebbi Ami or Rebbi Asi also requested Divrei Agadah because of their great modesty as if to say that they had not yet reached the level of the Torah gladdening their heart as if they were receiving it at Har Sinai and that they were in need of Divrei Agadah that will gladden their hearts.

QUICK HALACHAH

CONTRIBUTING TO A FIRE
 
If one person brings a flame and a second person brings wood the second person is Chayav. If one person brings wood and a second person brings a flame the second person is Chayav. If a third person comes along and ignites the fire the third person is Chayav. If an unusual wind ignites the fire they are both Patur. If a usual wind ignites the fire the last person is Chayav. If an unusual wind ignites the fire, but the wind was already blowing at the time the last person arrives he is Chayav. If he ignited it together with the wind he is Chayav. Some say that he is only Chayav if he ignites it enough to start the fire but the wind was not sufficient to start the fire. (Shulchan Aruch CM 418:10)

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