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Bava Kama Chart #6

Bava Kama Daf 18a-b

WHAT IS THE LOGIC OF THE OPINIONS OF REBBI ELAZAR AND OF THE CHACHAMIM REGARDING A DOG THAT CARRIED A LIVE COAL TO A PILE OF WHEAT, IGNITING THE WHEAT?
  (A)
CHACHAMIM
(CHATZI NEZEK, MI'GUFO)
(B)
REBBI ELAZAR
(NEZEK SHALEM, MI'GUFO)
(C)
WHY DOES HE PAY MI'GUFO,
ACCORDING TO REBBI ELAZAR
1) "TA SHEMA"
-TZEROROS OF REGEL
Like Rabanan who argue with Sumchus(1) Like Sumchus (A difficulty)(2)
2) "V'TISBERA"
-TZEROROS OF KEREN TAM IN CHATZER HA'NIZAK
Like Sumchus(6) Like Sumchus(6) Like Rebbi Tarfon(3)
3) "V'LO HI"
(#1)
-TZEROROS OF REGEL
Like Rabanan who argue with Sumchus(1) Like Sumchus Like Rebbi Yehudah(4)
4) "V'LO HI"
(#2)
-TZEROROS OF KEREN MU'AD
(1st explanation of Rashi)
-TZEROROS OF REGEL, AFTER THREE TIMES
(2nd explanation of Rashi)
Like Rabanan who argue with Sumchus(1) Like Rabanan who argue with Sumchus(7) Like Rebbi Yehudah(4)
5) "AMAR LACH RAVA"(5)
-TZEROROS OF KEREN TAM IN CHATZER HA'NIZAK
Like Sumchus Like Sumchus(6) Like Rebbi Tarfon(3)
==========
FOOTNOTES:
==========
(1) According to these explanations ("Ukimtos") of the Machlokes Rebbi Elazar and the Rabanan, it can be proven from the words of the *Rabanan* that Chatzi Nezek of Tzeroros is payed *mi'Gufo*. (However, with regard to Ukimta #4 according to Rashi's 1st explanation, see Tosfos 18a DH b'Mu'ad.)
(2) It is because of this question (why must one pay mi'Gufo according to Rebbi Elazar) that the Gemara rejects this as a possible way of explaining what the Rabanan and Rebbi Elazar are arguing about.
(3) According to Rebbi Tarfon, one pays Nezek Shalem *mi'Gufo* for damage done by Keren Tamah in Chatzer ha'Nizak (because of "Dayo la'Vo Min ha'Din Liheyos k'Nadon," as the Gemara explains on 18b).
(4) According to Rebbi Yehudah, even though one must pay Nezek Shalem for damage done by a Mu'ad, half of the payment is paid mi'Gufo because "Tzad Tamus bi'Mekomah Omedes" -- half of the payment is still the original payment of Chatzi Nezek that one would have to pay for a Tam. (However, the Gemara concludes that Rebbi Yehudah said this only with regard to a Mu'ad that was originally a Tam, and not with regard to a Mu'ad that was always a Mu'ad, such as Regel, or Tzeroros of Regel according to Sumchus.)
(5) This last explanation is identical to the second explanation, as Tosfos (DH Bein) points out. (See Shitah Mekubetzes in the name of Talmidei Rabeinu Peretz for further elucidation of this.)
(6) So says the Gemara (18b) -- that Rebbi Elazar and the Chachamim hold like Sumchus according to this explanation of their Machlokes. (The Gemara also could have said that they both hold like the Rabanan who argue with Sumchus, but in that case we would have been able to answer the question of whether or not Tzeroros of Keren Tamah obligates the owner to pay only Revi'a (quarter) Nezek (instead of Chatzi Nezek), as Rashi (18b, DH Amar Lach) and Tosfos (DH Bein) write.) Note that according to Rashi later on the Daf (18b, DH d'Dachik Lah Alma), according to this explanation of the Machlokes, Rebbi Elazar and the Rabanan may not be discussing Tzeroros at all. Rather, they are discussing what one must pay for the damage done to the very grain on which the burning coal was placed ("Makom ha'Gacheles"), and not what must be paid for the rest of the grain that was burned. Consequently, the Machlokes between Rebbi Elazar and the Rabanan has nothing to do with the Machlokes between Sumchus and the Rabanan. (See Insights.)
(7) Nevertheless, the owner must pay Nezek Shalem, since Tzeroros can become Mu'ad. (He still pays the first half "mi'Gufo," though, because of "Tzad Tamus bi'Mekomah Omedes"; see footnote #4 above.)


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