1)

(a)We have learned in a Beraisa that, even though an Apotropsin must pay for damages out of his own pocket, he is exempt from Kofer. Why is that?

(b)What does the Tana Kama of another Beraisa learn from the Pasuk (in connection with a Mu'ad that kills a person) "ve'Nasan Pidyon Nafsho"?

(c)What does Rebbi Yishmael the son of Rebbi Yochanan ben Berokah say?

1)

(a)We have learned in a Beraisa that, even though an Apotropus must pay for damages out of his own pocket, he is exempt from Kofer because Kofer is a Kaparah, and Yesomim do not require a Kaparah.

(b)The Tana Kama of another Beraisa learns from the Pasuk "ve'Nasan Pidyon Nafsho" that if a Mu'ad kills a person, the owner is liable to pay the value of the dead man to the dead man's heirs.

(c)Rebbi Yishmael the son of Rebbi Yochanan ben Berokah says that he pays them his own value.

2)

(a)Rav Chisda suggests that the author of the first Beraisa is Rebbi Yishmael the son of Rebbi Yochanan ben Berokah. How does he then interpret the Machlokes Ta'ana'im in the second Beraisa?

(b)Rav Papa rejects Rav Chisda's suggestion, establishing the first Beraisa even like the Tana Kama. How does he interpret the Machlokes?

(c)The Tana Kama bases his opinion on the Gezeirah-Shavah "Shisah" ("Im Kofer Yushas Alav") "Shisah" ("ke'Chol Asher Yuhas Alav"). In which connection is the second Pasuk written?

(d)According to Rebbi Yishmael ... the Pasuk "ve'Nasan Pidyon Nafsho" (implying the Nefesh of the Mazik) takes preference over the Gezeirah-Shavah. How does the Tana Kama counter this?

2)

(a)Rav Chisda suggests that the author of the first Beraisa is Rebbi Yishmael the son of Rebbi Yochanan ben Berokah. In his opinion the Tana Kama in the second Beraisa holds that Kofer is Mamon, whereas according to Rebbi Yishmael, it is Kaparah.

(b)Rav Papa rejects Rav Chisda's suggestion, establishing the first Beraisa even like the Tana Kama. In his opinion even the Tana Kama concedes that Kofer is Kaparah, and they argue over the interpretation of "Pidyon Nafsho". The Tana Kama interprets it as 'D'mei Nizak' (the value of the dead man), Rebbi Yishmael ... , as 'D'mei Mazik' (the Mazik's own value).

(c)The Tana Kama bases his opinion on the Gezeirah-Shavah "Shisah" ("Im Kofer Yushas Alav") "Shisah" ("ke'Chol Asher Yushas Alav") written in connection with someone who struck a pregnant woman and killed her unborn fetuses.

(d)According to Rebbi Yishmael ... the Pasuk "ve'Nasan Pidyon Nafsho" (implying the Nefesh of the Mazik) takes preference over the Gezeirah-Shavah. The Tana Kama maintains that the 'Gezeirah-Shavah' forces us to interpret "Nafsho" as 'D'mei Nizak'.

3)

(a)How did Rav Nachan respond when Rava boasted about Rav Acha bar Ya'akov's greatness?

(b)When Rav Acha came before Rav Nachman, what did he ask him about a Shor of two partners which killed a person?

(c)Why did he not have a problem with the equivalent case by Nezek?

3)

(a)When Rava boasted about Rav Acha bar Ya'akov's greatness, Rav Nachman responded with a request to bring him to him (to put that greatness to the test).

(b)When Rav Acha came before Rav Nachman, he asked him whether, if a Shor of two partners kills a person, each has to pay Kofer (in spite of the fact that the Torah obligates only one Kofer, and not two), or whether each pays only half the Kofer (in spite of the fact that the Torah obligates one Kofer and not a half).

(c)He had no problem with the equivalent case by Nezek where it is obvious that each partner pays a half (seeing as the Torah's concern is to supplement the Nizak's loss, whereas here, where the Torah is concerned about the Mazik's Kaparah, that may well not suffice.

4)

(a)Rav Acha then asked Rav Nachman a second She'eilah in connection with a Mishnah in Erchin. What does the Tana there mean when he says 'Chayvei Erchin Memashkenin Osam'?

(b)Why does he not likewise permit the treasurer to claim a Mashkon from Chayvei Chata'os and Ashamos?

(c)What She'eilah did he therefore ask Rav Nachman regarding Chayvei Kofer?

(d)How did Rav Nachman respond to the second She'eilah?

4)

(a)Rav Acha then asked Rav Nachman a second She'eilah in connection with the Mishnah in Erchin 'Chayvei Erchin Memashkenin Osam' meaning that the treasurer of Hekdesh can force a person who undertook to pay someone's Erech to Hekdesh, to provide a Mashkon (security) until he pays.

(b)He does not likewise permit the treasurer to claim a Mashkon from Chayvei Chata'os and Ashamos because seeing as they are a Kaparah, the sinner does not require an incentive to 'remind' him to fulfill his obligation.

(c)He therefore asked Rav Nachman whether, seeing as Kofer is a Kaparah we compare it to Chayvei Chata'os and Ashamos (and no Mashkon is necessary), or whether, since, like Erchin, Kofer is only a monetary obligation, that goes to one's fellow man and not to Hash-m, one therefore tends to take less seriously, and it requires a Mashkon, like Chayvei Erchin.

(d)Rav Nachman responded to the second She'eilah by begging Rav Acha bar Ya'akov for a respite, as he was still stymied by the first one.

5)

(a)In a case where Reuven borrowed an ox from Shimon on the understanding that it as a Tam, and after he discovers that it is a Mu'ad, it gores in Reuven's domain, the Tana of the Beraisa obligates Reuven to share the costs with Shimon. What does he rule in the Seifa, where the ox became a Mu'ad before Reuven returned it and it subsequently gored again?

(b)Why, in the Reisha, can Reuven not claim that ...

1. ... he borrowed an ox, and not 'a lion'?

2. ... he borrowed a Tam and not a Mu'ad?

3. ... even if he had had to pay for the Tam's damages, it would have been out of the body of the ox, but not out of his own pocket?

(c)On what grounds do we nevertheless query the Reisha (as it stands), according to ...

1. ... the Halachah that 'Palga Nizka K'nasa'?

2. ... those who hold 'Palga Nizka Mamona'?

5)

(a)In a case where Reuven borrowed an ox from Shimon on the understanding that it as a Tam, and after he discovers that it is a Mu'ad, it gores in Reuven's domain, the Tana of the Beraisa obligates Reuven to share the costs with Shimon. In the Seifa, where the ox became a Mu'ad before Reuven returned it and it subsequently gored again he obligates Shimon to pay Chatzi Nezek, and exemps Reuven from having to pay anything.

(b)In the Reisha, Reuven cannot claim that ...

1. ... he borrowed an ox, and not 'a lion' because the Tana speaks when he was aware that the ox was a goring ox (only he did not know that it had already gored three times.

2. ... he borrowed a Tam and not a Mu'ad because, had he borrowed a Tam, he would also have had to pay for its damages.

3. ... even if he had had to pay for the Tam's damages, it would have been out of the body of the ox, but not out of his own pocket because even then, he would have had to reimburse Shimon out of his own pocket.

(c)We nevertheless query the Reisha (as it stands), as to why Reuven is not Patur, according to ...

1. ... the Halachah that 'Palga Nizka K'nasa' on the grounds that had the ox been a Tam, as he stipulated, he would had the option of admitting and being Patur.

2. ... those who hold 'Palga Nizka Mamona' because had the ox been a Tam, he could anyway have exempted himself by letting it loose in the marshes, where the Mazik would not have had access to it.

40b----------------------------------------40b

6)

(a)How do we finally establish the Reisha of the Beraisa, to avoid the problem of Reuven admitting and being Patur or of his letting the ox loose in the marshes.

(b)In that case, why is Shimon Chayav to pay for half the damages? Why can he not claim that ...

1. ... Reuven should have returned the ox to him, and not allowed it to fall into the hands of the Nizak?

2. ... had the ox been in his possession, he would have let it loose in the marshes?

(c)This is a valid argument assuming that Shimon has money with which to pay. What if he does not?

(d)What does Rebbi Nasan learn from the Pasuk in Naso "ve'Nasan la'Asher Asham Lo"?

6)

(a)To avoid the problem of Reuven admitting and being Patur or of his letting the ox loose in the marshes, we finally establish the Reisha of the Beraisa where Beis-Din seized the ox on behalf of the Nizak (in which case, even if it had been a Tam, there is nothing that Reuven could have done about it).

(b)Nevertheless, Shimon is Chayav to pay for half the damages. He cannot claim that ...

1. ... Reuven should have returned the ox to him, and not allowed it to fall into the hands of the Nizak because Reuven can retort that even if he had returned the ox to him, the Nizak would have claimed it from him.

2. ... had the ox been in his possession, he would have let it loose in the marshe s because, seeing as the ox was a Mu'ad, the Nizak would have claimed 'min ha'Aliyah'?

(c)This is a valid argument, assuming that Shimon has money with which to pay. But even if he does not he has no leg to stand on, because just as the ox was Meshubad to him (when it damaged in the Reshus of Reuven), so too, was it Meshubad to his creditor (the Nizak, for whom he must accept partial responsibility, as we explained above), because of 'Shibuda de'Rebbi Nasan'.

(d)Rebbi Nasan learns from the Pasuk "ve'Nasan la'Asher Asham Lo" that if Reuven owes Shimon money and Shimon owes Levi, Levi may claim directly from Reuven.

7)

(a)We learned in the Seifa of the Beraisa, where the ox became a Mu'ad before Reuven returned it and it subsequently gored again - that Shimon pays Chatzi Nezek, whilst Reuven pays nothing. According to Rebbi Yochanan, why does Shimon not pay full damages?

(b)Why does he then establish two different authors for the two sections of the Beraisa?

(c)According to Rabah, both sections of the Beraisa hold 'Reshus Einah Meshaneh'. How does he then explain the Seifa, which obligates Shimon to pay only Chatzi Nezek?

(d)Rav Papa takes the opposite view. If, as he maintains, the Reisha and the Seifa both hold 'Reshus Meshaneh', why, in the Reisha, does the ox remain a Mu'ad in the domain of the borrower?

7)

(a)We learned in the Seifa of the Beraisa, where the ox became a Mu'ad before Reuven returned it and it subsequently gored again that Shimon pays Chatzi Nezek, whilst Reuven pays nothing. The reason that Shimon does not pay full damages, according to Rebbi Yochanan, is because 'Reshus Meshaneh'.

(b)He establishes two different authors for the two sections of the Beraisa because the Tana of the Reisha, which obligated Nezek Shalem, despite the fact that the animal changed hands from the owner to the borrower, clearly holds 'Reshus Einah Meshaneh'.

(c)According to Rabah, both sections of the Beraisa hold 'Reshus Einah Meshaneh' and the reason that in the Seifa, Shimon pays only Chatzi Nezek, is because he can argue that Reuven does not have the authority to turn his Tam into a Mu'ad.

(d)Rav Papa takes the opposite view. He holds that, despite the fact that both the Reisha and the Seifa hold 'Reshus Meshaneh', nevertheless, in the Reisha, the ox remains a Mu'ad in the domain of the borrower because a borrowed ox always remains the property of the owner (and although it is now under the jurisdiction of the borrower, it is not considered a new domain).

8)

(a)We learned in our Mishnah that a Shor ha'Itztadin is not Chayav Miysah. According to Rav, it is Kasher to go on the Mizbe'ach. Why is that?

(b)What does Shmuel say?

8)

(a)We learned in our Mishnah that a Shor ha'Itztadin is not Chayav Miysah. According to Rav, it is Kasher to go on the Mizbe'ach because it killed be'Oneis.

(b)Shmuel holds that it is disqualified from going on the Mizbe'ach.

9)

(a)The Tana Kama of a Beraisa precludes an animal that raped (Rove'a) or that was raped (Nirva) from the Pasuk in Vayikra "min ha'Beheimah", an animal that was worshipped (Ne'evad) from "min ha'Bakar", a Muktzah animal from "min ha'Tzon". What does he preclude from the "Vav" of "u'min ha'Tzon"?

(b)What is 'a Muktzah' animal?

(c)Why does an animal that raped, that was raped or that killed a person, require a Pasuk to disqualify it from the Mizbe'ach? Why is it not Pasul anyway because it has to be killed?

(d)What problem does Rebbi Shimon have with 'Noge'ach' and 'Rove'a'?

9)

(a)The Tana Kama of a Beraisa precludes an animal that raped (Rove'a) or that was raped (Nirva) from the Pasuk in Vayikra "min ha'Beheimah", an animal that was worshipped (Ne'evad) from "min ha'Bakar", a Muktzah animal from "min ha'Tzon" and an ox that gored (Noge'ach) from the "Vav" of "u'min ha'Tzon".

(b)A 'Muktzah' animal is one that has been designated for idol-worship, even though it has not yet been worshipped.

(c)An animal that raped, that was raped or that killed a person requires a Pasuk to disqualify it from the Mizbe'ach in a case where there was only one witness, or that the owner alone saw it happen, in which case the animal is not put to death.

(d)The problem that Rebbi Shimon has with 'Noge'ach' and 'Rove'a' is why the Torah finds it necessary to preclude them both. Why can we not learn one from the other?

10)

(a)What leniency does ...

1. ... Noge'ach have over Rove'a?

2. ... Rove'a have over Noge'ach?

(b)How do we know that the P'sul of Rove'a applies even to an Oneis?

10)

(a)The leniency that ...

1. ... Noge'ach has over Rove'a is that it is not Chayav be'Oneis like Ratzon.

2. ... Rove'a has over Noge'ach is that it does not pay Kofer.

(b)We know that the P'sul of Rove'a applies even to an Oneis by virtue of the fact that it extends to Nirva (which, by an animal, is automatically an Oneis).

11)

(a)How do we try to disprove Shmuel (who said that an animal that gored be'Oneis is Pasul to go on the Mizbe'ach), from the first of the two previous distinctions of Rebbi Shimon?

(b)How do we reconcile Shmuel with the Beraisa? What is Rebbi Shimon referring to when he says that Rove'a is not Chayav be'O'neis like Ratzon?

(c)What does Rebbi Shimon now learn from this ruling (with regard to a Noge'ach be'Ratzon)?

(d)How do we substantiate this interpretation? Why is our original one unacceptable?

11)

(a)We try to disprove Shmuel (who said that an animal that gored be'Oneis is Pasul to go on the Mizbe'ach), from the first of the two previous distinctions of Rebbi Shimon because when he says that Rove'a is not Chayav be'O'neis like Ratzon, we initially interpret this to mean that it is not disqualified from going on the Mizbe'ach.

(b)To reconcile Shmuel with the Beraisa we confine Rebbi Shimon's ruling, exempting Rove'a be'Oneis) to the death-sentence.

(c)Rebbi Shimon now learns from the fact that a Noge'ach be'Oneis is Patur from the death sentence that we cannot learn that a Noge'ach be'Ratzon is disqualified from the Mizbe'ach from Rove'a, and that a Pasuk is therefore required.

(d)We substantiate this interpretation, because according to the original one, we took for granted that the Torah disqualifies a Noge'ach be'Oneis from the Mizbe'ach, whereas in fact, there is nothing in the Pasuk itself to differentiate between a Noge'ach be'Ratzon and a Noge'ach be'Oneis.

12)

(a)In the second of the above distinctions, Rebbi Shimon said that Noge'ach pays Kofer whereas Rove'a does not. What problem do we have with the latter case, assuming that ...

1. ... the animal killed the person with the Revi'ah?

2. ... the person did not actually die?

(b)Abaye replies that the person is subsequently killed in Beis-Din. How does that answer the Kashya?

(c)Rava establishes the Beraisa where the animal did kill the person with the Revi'ah. Then how does he answer the Kashya? What is the difference between killing him with its horns and killing him through Revi'ah?

(d)What has this to do with an animal that walked over a child in the street and killed it?

12)

(a)In the second of the above distinctions, Rebbi Shimon said that Noge'ach pays Kofer, whereas Rove'a does not. The problem that we have with the latter case, assuming that ...

1. ... the person died is why there should be any distinction between an ox that killed with its horns and one that killed by means of Revi'ah.

2. ... the person did not die is in that case, it is obvious that the ox is not killed, seeing as the person did not die.

(b)Abaye replies that the person is subsequently killed in Beis-Din and that we might therefore have considered the ox as being responsible for his death.

(c)Rava establishes the Beraisa when the animal did kill the person with the Revi'ah. And he answers the Kashya by drawing a distinction between killing him with its horns (which is deliberate) and killing him through Revi'ah (which is not).

(d)The connection between this case and that of an animal that walked over a child in the street and killed it is that this is the classical case over which Abaye and Rava argue (whether an animal which killed via Regel in the street is Chayav Kofer (Abaye) or not (Rava), and we have now extended the Machlokes to Shen, where the animal derives benefit.

13)

(a)How do we finally prove Rav (who permits a Shor ha'Itztadin to be brought on the Mizbe'ach) to be right?

13)

(a)To substantiate Rav's opinion regarding bringing a bull-fighting ox on the Mizbe'ach, the Beraisa states that a Shor ha'Itztadin is not Chayav Misah and that it is Kasher to go on the Mizbe'ach, because it is an Oneis.

OTHER D.A.F. RESOURCES
ON THIS DAF