1)

WHICH DAMAGES ARE TAM, AND WHICH ARE MU'AD? (Yerushalmi Perek 1 Halachah 4 Daf 6b)

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(a)

(Mishnah): There are five Tam damagers, and five Mu'ad damagers:

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1.

An animal is not Mu'ad to gore, push, bite, crouch or kick;

2.

Shen is Mu'ad to eat food proper for it. Regel is Mu'ad to break things while it walks;

:

3.

A Mu'ad ox; an ox that damages in the victim's premises; and man [are Mu'ad].

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(b)

(Gemara - R. Yochanan): (Our Mishnah included an ox that damages in the victim's premises.) It is like R. Tarfon. In the victim's Reshus, R. Tarfon says that [even a Tam] pays full damage. Chachamim say, it pays half-damage.

2)

ANIMALS THAT ARE ALWAYS MU'AD (Yerushalmi Perek 1 Halachah 5 Daf 6b)

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(a)

(Mishnah): A wolf, lion, bear, leopard, Bardelis (a kind of snake?), and snake are Mu'ad;

' . [ ( )]

(b)

R. Eliezer says, if they are domesticated, they are not Mu'ad, except for a snake, which is always Mu'ad.

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(c)

What is the difference between Tam and Mu'ad? A Tam pays half-damage mi'Gufo (up to its own value), and Mu'ad pays full damage from the Aliyah (even above its own value).

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(d)

(Gemara - Beraisa - R. Meir): Even a Tzavu'a (hyena?, is Mu'ad).

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(e)

(R. Yosi bei R. Avin): R. Meir said so only about a male Tzavu'a. There is a time when it is as harsh (prone to damage) as a lion.

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