Bava Kama Chart #1
Chart for Bava Kama Daf 3b-4a
THE TYPES OF NEZIKIN MENTIONED IN THE MISHNAH
SHMUEL (1), ACCORDING TO RAV YEHUDAH
SHMUEL, ACCORDING TO RAVA
|1||SHOR||Keren, Shen, and Regel||Keren||Regel|
|5||"K'SHE'HIZIK CHAV HA'MAZIK" (2)||Shor that damaged while in the possession of a Shomer (3)||Regel||Keren (4)|
(1) According to Rav Yehudah, the order in which the Mishnah lists the Nezikin is exactly the order in which they are listed in the Torah (Shemos 21:28-22:5): 1. Shor that damaged with Keren, 2. Bor, 3. Shor that damaged with Shen (or Regel), 4. Esh, as Rashi says on 2a, DH ha'Shor. This is also the opinion of the Yerushalmi (cited in Rashba, 2b). The only difference is that the Yerushalmi seems to explain that Mav'eh is Shen and Regel, and the Girsa of the Yerushalmi's Mishnah is "Mav'er," from the phrase in the verse, "Ki Yav'er Ish... v'Shalach Es Be'iro, u'Vi'er...." This is also the Girsa of the Rambam in his list of Mitzvos at the beginning of Hilchos Nizkei Mamon. See Insights to Daf 5:2, for more about this and Rashi's interpretation of our Mishnah.
(2) This is referring to the phrase that appears in the Mishnah later (9b), as Tosfos (4a, DH k'she'Hizik) and Rashi (9b, DH k'she'Hizik) point out, and as the Gemara explains on 13b. (This is in contrast to the understanding of the Nimukei Yosef (on our Mishnah), who says that when the Gemara here mentions "k'she'Hizik Chav ha'Mazik," it is referring to the phrase that appears in the Mishnah on 2a; see Rashash.)
(3) That is, the Shor that was being guarded damaged the Shor of the Shomer, and the Shomer had stipulated that he would only protect the Shor from being damaged by others; he would not protect it from causing damage to others (Gemara 13b, see also 14a and Tosfos there, DH v'Lo Kibel).
(4) The Mishnah does not mention Keren explicitly, because it is listing only those forms of Nezikin that are "Mu'adin mi'Techilasan" (Gemara).