BAVA KAMA 55 (15 Teves 5784) - dedicated by Dr. Moshe and Rivka Snow in memory of Rivka's mother, Rebbetzin Leah bas Rav Yosef (Rabinowitz), the Manostrishtcher Rebbetzin, whose Yahrzeit is 15 Teves.

1)

(a)What are the Amora'im referring to when they speak about "Tov" being mentioned in the second Luchos but not in the first ones?

(b)What strange comment did Rebbi Chiya bar Aba make when he was asked the reason for this?

(c)Rebbi Tanchum bar Chanila'i heard a reason that 'Tov' was not mentioned in the first Luchos for it from Shmuel bar Nachum in the name of the paternal or maternal uncle of Rebbi Acha b'Rebbi Chanina. What reason?

(d)How did Rav Ashi elaborate on it?

1)

(a)When the Amora'im speak about "Tov" being mentioned in the second Luchos but not in the first ones they are referring to "Lema/an Yitav Lach", which appears in the Mitzvah of Kibud Av va'Eim in the second Luchos, but not in the first.

(b)When Rebbi Chiya bar Aba was asked the reason for this he commented that, rather than ask him why "Tov" was written in the second Luchos, he should ask him whether it was written since he did not know (see Gilyon ha'Shas, though Tosfos' explanation is all but incomprehensible).

(c)Rebbi Yehoshua ben Levi heard a reason for it, namely that the first Luchos were destined to be broken.

(d)Consequently, Rav Ashi elaborated, it would signify that 'Tov' has been stopped from Yisrael.

2)

(a)Rebbi Yehoshua ben Levi states that it is good omen to see a 'Tes' in a dream, because it signifies 'Tov' which is written in the Torah for the good. How do we know that 'Tov' does not signify the Pasuk ...

1. ... in Yeshayah "v'Ta'tesiyhah bi'Meta'atei Hashmeid" (with its connotations of destructions)?

2. ... in Eichah "Tum'asah b'Shuleheh'?

3. ... in Eichah "Tav'u ba'Aretz She'arehah"? What does Rebbi Yehoshua ben Levi then mean to say?

(b)And what does he say about seeing the 'Hesped' in a dream?

(c)What sort of 'Hesped' is he referring to?

2)

(a)Rebbi Yehoshua ben Levi states that it is good omen to see a 'Tes' in a dream, because it signifies 'Tov' which is written in the Torah for the good. How does he know that 'Tov' does not signify the Pasuk ...

1. ... "v'Ta'tesiyhah bi'Meta'atei Hashmeid" (with its connotations of destructions) because he is talking about one 'Tes', not two.

2. ... "Tum'asah b'Shuleheh' because he is talking about 'Tes' 'Beis' (and not just 'Tes').

3. ... "Tav'u ba'Aretz She'arehah" because what Rebbi Yehoshua ben Levi really meant to say that it is a good omen because the first time a 'Tes' appears in the Torah is in the Pasuk "Va'Yar Elokim Es ha'Or Ki Tov" (in which case, all the Kashyos that we asked are irrelevant).

(b)He also says that if someone sees 'Hesped' in a dream it signifies that although he was meant to suffer some tragedy, the Heavenly Court took pity on him ad redeemed him.

(c)He is referring to the word 'Hesped' in writing (as opposed to actually witnessing a eulogy).

3)

(a)What does Reish Lakish extrapolate from our Mishneh (with regard to the Dinim of Kilayim) about a rooster, a peacock and a quail?

(b)Why is this not obvious? Why do we need Reish Lakish to teach if to us?

(c)Shmuel states that a gander and a wild gander are considered Kilayim. Why can the reason for this not be because one of them has a large beak, and the other, a small one?

(d)Abaye attributes the distinction between the two species to the fact that the testicles of the wild gander protrude, whereas those of the regular gander do not. To what does Rav Papa attribute it?

3)

(a)Reish Lakish extrapolates from our Mishneh that a rooster, a peacock and a quail are considered three species as regards Kilayim.

(b)If his Reish Lakish had not made this statement, we might otherwise have thought that since these three species commonly grow up together in the farmyard, they are considered one species.

(c)Shmuel states that a gander and a wild gander are considered Kilayim. The reason for this cannot be because one of them has a large beak, and the other, a small one because in that case, a Persian camel and an Arabian camel will also be Kilayim, because one has a thick neck and the other, a thin one (and where will we draw the line?).

(d)Abaye attributes the distinction between the two species to the fact that the testicles of the wild gander protrude, whereas those of the regular gander do not. Rav Papa attributes it to the fact that a wild gander only carries one egg at a time, whereas a regular gander carries a few.

4)

(a)What does Rebbi Yirmiyah Amar Reish Lakish learn from a 'Gezeirah-Shavah' from "l'Mineihu" "l'Mineihu", one written by land creatures, the other, by sea creatures?

4)

(a)Rebbi Yirmeyahu Amar Reish Lakish learns from a 'Gezeirah-Shavah' from "l'Miyneihu" "l'Miyneihu" (one written by land creatures, the other, by sea creatures) that Kilayim applies to sea-creatures, just like it applies to land-creatures.

5)

(a)Rachbah asks whether Kilayim will apply if someone draws a wagon along the river-bank using a goat and a fish. What are the two sides of his She'eilah?

(b)Ravina queried his She'eilah by asking whether, by the same token, someone held a wheat and a barley kernel in his hand, and standing on the border of Eretz Yisrael and Chutz la'Aretz, he planted one in Eretz Yisrael and one in Chutz la'Aretz (within three Tefachim of each other see Tosfos DH 'Ela'). What did he mean to ask?

(c)How did Rachbah counter Ravina's query?

(d)Our Sugya goes like the Rabanan, who require any two seeds of any two species to constitute Kilayim in Eretz Yisrael. What does Rebbi Yoshiyah say (see Tosfos, ibid.)?

5)

(a)Rachbah asks whether Kilayim will apply if someone draws a wagon the river-bank using a goat and a fish whether seeing as the two can never work together on land or in the water, the Isur of Kilayim does not apply to them; or whether since we see that they now are working together, Kilayim will apply.

(b)Ravina queried his She'eilah by asking whether, by the same token, someone held a wheat and a barley kernel in his hand, and standing on the border of Eretz Yisrael and Chutz la'Aretz, he planted one in Eretz Yisrael and one in Chutz la'Aretz (within three Tefachim of each other see Tosfos DH 'Ela'). What he meant to ask was that just as there, the Isur of Kilayim does not apply, it should not apply here either.

(c)Rachbah countered Ravina's query however on the grounds that it is different there, since the Isur of Kilayim by two seeds does not pertain to Chutz la'Aretz (whereas here, the Isur pertains to water just as it does to land, as we just ascertained).

(d)Our Sugya goes like the Rabanan, who require any two seeds of any two species to constitute Kilayim in Eretz Yisrael. According to Rebbi Yoshiyah any three seeds (even of two species, constitute Kil'ei Zera'im (Tosfos, ibid).

HADRAN ALACH 'SHOR SHE'NAGACH ES HA'PARAH'

PEREK HA'KONEIS

55b----------------------------------------55b

6)

(a)What does our Mishnah say about a sheep in a pen that escaped and damaged ...

1. ... by day?

2. ... by night or through robbers breaking in even by day?

3. ... after robbers took it out?

(b)What does the Tana say in a case where the sheep damage after the owner leaves them in the sun or in the charge of ...

1. ... a 'Chashu'?

2. ... a shepherd?

(c)What if the sheep eat a row of vegetables in someone's vegetable garden ...

1. ... after falling from a raised field or street?

2. ... after walking down on its own volition?

(d)How do Beis-Din reckon the value of the row of vegetables that his sheep ate, according to ...

1. ... the Tana Kama of the Mishnah?

2. ... Rebbi Shimon?

6)

(a)Our Mishnah rules that if a sheep in a pen escaped and damaged ...

1. ... by day the owner is Patur provided he closed the door of the pen properly, but Chayav if he didn't.

2. ... by night (see Tosfos DH 'Nifretzah'), or by day, if robbers broke in leaving the pen-door open he is Patur.

3. ... after robbers actually took it out the robbers are Chayav.

(b)If the sheep damage after the owner leaves them in the sun or in the charge of ...

1. ... a 'Chashu' the owner is Chayv.

2. ... a shepherd the shepherd is Chayav.

(c)If the sheep eat a row of vegetables in someone's vegetable garden ...

1. ... after falling into it from a raised field or street the owner only needs to pay for what he benefited from the sheep having eaten, but not for the damage.

2. ... after walking down on its own volition then he is liable to pay for the damage.

(d)Beis-Din reckon the value of the row of vegetables that his sheep ate according to ...

1. ... the Tana Kama of the Mishnah by reckoning the value a Beis-Sa'ah in the field (which will be explained later in the Sugya).

2. ... Rebbi Shimon independently, assuming that what it ate was fully-grown.

7)

(a)How does the Beraisa define 'ka'Ra'uy' (for which the Mishnah exempts the owner of the sheep from paying after escaping from a closed pen)?

(b)Rebbi Mani bar Patish establishes our Mishnah (with regard to the previous Halachah) like Rebbi Yehudah. What does he mean? What does Rebbi Yehudah say in the Mishnah in the previous Perek?

(c)On what grounds do we reject Rebbi Mani's suggestion? Why might the author of our Mishnah (which is dealing with Shein) be Rebbi Meir?

(d)How does Rabah prove this?

7)

(a)The Beraisa defines 'ka'Ra'uy' (for which the Mishnah exempts the owner of the sheep from paying after escaping from a closed pen) as a door that will not open in a regular wind.

(b)Rebbi Mani bar Patish establishes our Mishnah (with regard to the previous Halachah) like Rebbi Yehudah who said in the previous Perek that a superficial Shemirah will suffice for a Mu'ad.

(c)We reject Rebbi Mani's suggestion on the grounds that our Mishnah is speaking (not about Mu'ad of Keren, but) about Shein, by which Rebbi Meir concedes that no more than a superficial Shemirah is required.

(d)Rabah proves this by the fact that the Tana switches from Shor to Tzon, rather than switching from Tam to Mu'ad (by Shor itself). Clearly then Rebbi Meir, who argues with Rebbi Yehudah by a Mu'ad of Keren (which is Kavanaso Le'hazik), agrees with him in the case of Shein.

8)

(a)The establishing of our Mishnah like Rebbi Meir is based on a statement by Rebbi Elazar (or on a Beraisa), which lists four things that only require a superficial Shemirah. What are they?

(b)From where does Rebbi Elazar learn that a superficial Shemirah will suffice by Bor?

(c)What does he learn from ...

1. ... "Shalem Yeshalem ha'Mav'ir Es ha'Be'eirah"?

2. ... "u'Bi'er bi'Sedei Acher" and "v'Shilach Es Be'iroh" respectively?

8)

(a)The establishing of our Mishnah like Rebbi Meir is based on a statement by Rebbi Elazar (or on a Beraisa), who lists four things that only require a superficial Shemirah Bor, Esh, Shein and Regel (the four Avos of the opening Mishnah of the Masechta, according to Shmuel).

(b)Rebbi Elazar learns that a superficial Shemirah will suffice by Bor from the Pasuk "v'Lo Yechasenu" (implying that merely covering the pit will exempt him from liability).

(c)And he learns from ...

1. ... "Shalem Yeshalem ha'Mav'ir Es ha'Be'eirah" that one is only Chayav for lighting a fire if he virtually burned the Nizak with his own hands (by not guarding it at all).

2. ... "u'Bi'er bi'Sedei Acher" and "v'Shilach Es Be'iroh" that he is only Chayav for Shein and Regel if he virtually caused his animal to eat the Nizak's crops or to walk on them (by not guarding his animal at all).

9)

(a)What does Rebbi Yehoshua in a Beraisa say about the following four things? Reuven who breaks down a wall in front of Shimon's animal, which then goes and damages; bends Shimon's corn into the path of a fire; hires false witnesses to give testimony or declines to testify on behalf of a litigant? What do they have in common?

(b)In the first of the four cases, why can Rebbi Yehoshua not be referring to a regular stable wall?

(c)Then what sort of a wall is he referring to?

9)

(a)Rebbi Yehoshua in a Beraisa rules that if Reuven breaks down a wall in front of Shimon's animal, which then goes and damages, bends Shimon's corn into the path of a fire, hires false witnesses to give testimony or declines to testify on behalf of a litigant he is Patur mi'Dinei Adam, but Chayav b'Diynei Shamayim' (i.e. morally obligated to pay).

(b)In the first of the four cases, Rebbi Yehoshua cannot be referring to a regular stable wall because then he would be fully liable to pay.

(c)He is clearly referring to a rickety wall, which is destined to fall anyway (only he hastened the process).