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Bava Kama Chart #9

Bava Kama Daf 39b

FOR WHICH PART OF THE DAMAGE DONE BY A SHOR OF A CHERESH, SHOTEH, OR KATAN IS ONE CHAYAV?
  (A)
SHOR TAM
(B)
SHOR MU'AD:
  TZAD TAMUS TZAD MU'AD
1) RAVA(1) Chayav(2) Chayav Patur
2) ABAYE'S EXPLANATION
OF REBBI YEHUDAH		 Patur(3) Patur Chayav
3) ABAYE'S EXPLANATION
OF REBBI YAKOV		 Chayav(2) Chayav Chayav
==========
FOOTNOTES:
==========
 (1) According to Rava, these Halachos apply when the Apotropos guarded the Shor with a "Shemirah Pechusah." Rebbi Yehudah holds that one is *Chayav* for damages caused by a Tam that was guarded with a "Shemirah Pechusah," and one is *Patur* for damages caused by a Mu'ad that was guarded with a "Shemirah Pechusah."
(2) This is because he holds that we *do* appoint an Apotropos to guard the Shor Tam so that if it does damage, he must pay "mi'Gufo," like the Chachamim of Sumchus (earlier on this Daf -- see next footnote).
(3) This is because he holds that we do *not* appoint an Apotropos to guard the Shor Tam so that if it does damage, he must pay "mi'Gufo," like Sumchus holds. For a Mu'ad, though, we definitely appoint an Apotropos, as our Mishnah (which holds like Sumchus) teaches.

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