(a)What does Rebbi Yochanan mean when he says 'Isho Mishum Chitzav'?
(b)Reish Lakish rules 'Isho Mishum Mamono'. On what grounds does ...
1. ... Reish Lakish disagree with Rebbi Yochanan?
2. ... Rebbi Yochanan disagree with Reish Lakish?
(c)Our Mishnah obligates the owner of the dog Chatzi Nezek if it set fire to a haystack. What is the problem with this according to Reish Lakish?
(d)How does Reish Lakish answer this Kashya?
1)
(a)When Rebbi Yochanan says 'Isho Mishum Chitzav', he means that the Chiyuv of Esh is the same as someone who shoots an arrow (see Tosfos DH 'Isho').
(b)Reish Lakish rules 'Isho Mishum Mamono'. The reason that ...
1. ... Reish Lakish disagrees with Rebbi Yochanan is because when all's said and done, the fire is not the result of Kocho (the force of the one who lit it), whereas an arrow is.
2. ... Rebbi Yochanan disagrees with Reish Lakish is because flame which comprises Esh is not tangible, whereas the Mamon of the Mazik is.
(c)Our Mishnah obligates the owner of the dog Chatzi Nezek if it set fire to a haystack. The problem with this according to Reish Lakish is that the fire belongs to the owner of the cake (which the dog took), and not to the owner of the dog.
(d)Reish Lakish answers this by establishing it when the dog actually threw the coal, and it is for the damage done to the spot where it landed exclusively, that he is Chayav, either because of Tzeroros, or because of Keren (since it is unusual). On the remainder of the haystack, he is Patur.
2)
(a)The Mishnah in 'ha'Kones' obligates the owner of the camel to pay for the damage, if his camel is walking down the street, and the bail of flax that it is carrying enters a store, catches fire on a burning candle, and sets fire to the entire building. What will be the Din if the store-keeper placed his candle outside the store, according to ...
1. ... the Tana Kama?
2. ... Rebbi Yehudah?
(b)According to Reish Lakish, seeing as the fire belongs to the owner of the store, why is the owner of the camel liable?
(c)What problem do we have with establishing the Seifa, where the storekeeper is Chayav, when the animal stood still ('ke'she'Amdah'), according to Reish Lakish?
(d)To what does Rav Huna bar Mano'ach in the name of Rav Ika therefore ascribe the fact that the owner of the camel is Patur?
2)
(a)The Mishnah in 'ha'Kones' obligates the owner of the camel to pay for the damage, if his camel is walking down the street, and the bail of flax that it is carrying enters a store, catches fire on a burning candle, and sets fire to the entire building. If the store-keeper placed his candle outside the store, according to ...
1. ... the Tana Kama the storekeeper will always be liable.
2. ... Rebbi Yehudah the storekeeper will be liable at all times except for Chanukah (when it is a Mitzvah to place one's Chanukah candle outside).
(b)According to Reish Lakish, even though the fire belongs to the owner of the store, the owner of the camel is liable because the Tana is speaking by Mesachseches (when the camel brushed against the entire building, setting it all on fire [and it is clear from the Sugya that whenever the animal performs a positive action, the owner adopts liability, even according to Reish Lakish]).
(c)The problem with establishing the Seifa, where the storekeeper is Chayav, when the animal stood still ('ke'she'Amdah') is that, according to Reish Lakish, having already established the Mishnah by Mesachseches, then that is all the more reason to render the owner of the camel Chayav.
(d)What Rav Huna bar Mano'ach in the name of Rav Ika therefore meant when he said 'ke'she'Amdah' is 'that the animal stood still because it needed to urinate (in which case it is an Ones).
3)
(a)So in the final analysis, why is ...
1. ... the owner of the camel Chayav in the Reisha?
2. ... the store-keeper Chayav in the Seifa?
3)
(a)In the final analysis ...
1. ... the owner of the camel is Chayav in the Reisha because he should not have laden his animal so heavily.
2. ... the store-keeper is Chayav in the Seifa because he should not have placed his candle outside.
22b----------------------------------------22b
4)
(a)The Mishnah in 'ha'Kones' states that if someone sets fire to a haystack next to which a kid-goat is tied and an Eved is standing, he is liable. What is he liable for? How much does he pay for the Eved?
(b)Why, in the reverse case (if the Eved is tied and the kid is standing beside the haystack), is he Patur?
4)
(a)The Mishnah in 'ha'Kones' states that if someone sets fire to a haystack next to which a kid-goat is tied and an Eved is standing, he is liable to pay for the haystack in full, and thirty Shekalim for the Eved.
(b)In the reverse case (if the Eved is tied and the kid is standing beside the haystack), he is Patur because he is Chayav Misah for killing the Eved, and we have a principle 'Kam leih bi'de'Rabah Mineih' (for any act for which one deserves two punishments, one receives the more stringent punishment, and is absolved from the more lenient one).
5)
(a)What is the problem with the Seifa of the previous Beraisa, according to Reish Lakish (who holds 'Isho Mishum Mamono')?
(b)How does Reish Lakish therefore establish the Mishnah?
(c)Then why does the Tana find it necessary to teach us this? Do we not already know the principle of 'Kam leih b'Derabah Mineih'?
5)
(a)The problem with the Seifa of the previous Beraisa, according to Reish Lakish (who holds 'Isho Mishum Mamono') is why he should be Chayav Misah (any more than if his ox killed an Eved).
(b)Reish Lakish therefore establishes the Mishnah where he actually set fire to the body of the Eved.
(c)Even though we already know the principle of 'Kam Leih b'Derabah Mineih', the Tana found it necessary to repeat it there because he is speaking when the owner of the kid-goat is not the same person as the owner of the Eved, to teach us that even when the person whose money he destroyed is not the same person as the one for whom he is Chayav Misah, he is still Patur for paying.
6)
(a)The Mishnah in 'ha'Kones' also states 'ha'Shole'ach Es ha'Be'eiroh b'Yad Chashu', Patur b'Dinei Adam, v'Chayav b'Dinei Shamayim'. How does Reish Lakish quoting Chizkiyah, establish the Mishnah, in order to differentiate between this case and that of someone who gives his ox to a 'Chashu' to look after (in which case, we have already learned, one retains the liability)? When ...
1. ... does the Tana say Patur?
2. ... does he concede that he is Chayav?
(b)On what grounds does Rebbi Yochanan maintain that, even if he hands the 'Chashu' a flaming coal, he is Patur?
(c)In which case will he agree that the owner retains the liability?
6)
(a)The Mishnah in 'ha'Kones' also states 'ha'Shole'ach Es ha'Be'eiroh b'Yad Chashu', Patur b'Dinei Adam, v'Chayav b'Dinei Shamayim'. In order to differentiate between this case and that of someone who gives his ox to a 'Chashu' to look after (in which case, we have already learned, one retains the liability), Reish Lakish quoting Chizkiyah ...
1. ... establishes the Mishnah when he gave the 'Chashu' a coal, which the latter subsequently fanned.
2. ... concedes that he is liable if he handed him a coal which is aflame (which is bound to do damage).
(b)Rebbi Yochanan maintains that, even if he hands the 'Chashu' a flaming coal, he is Patur because, based on the fact that he holds 'Isho Mishum Chitzav', it is the arrows of the 'Chashu' that cause the damage.
(c)He will agree however, that the owner retains the liability if he handed the 'Chashu' all the ingredients to make a fire (the various size twigs and the means to set them alight).
7)
(a)How does Rava prove Rebbi Yochanan right from the Pasuk in Mishpatim "Ki Setzei Esh ... ha'Mav'ir Es ha'Be'eiroh"?
(b)Which other proof does he cite?
7)
(a)Rava prove Rebbi Yochanan right from the Pasuk in Mishpatim "Ki Setzei Esh ... ha'Mav'ir Es ha'Be'eiroh" which begins with the fire spreading on its own, and ends by referring to the owner as the one who burned the fire (as if he had actually set fire to the haystack).
(b)In addition, he cites a Beraisa which (based on the same Pasuk that he himself quoted as proof for Rebbi Yochanan) specifically states 'Isho Mishum Chitzav'.
