Bava Kama Chart #9
Chart for 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 |
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FOOTNOTES:
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(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.