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1)

Why does the Torah insert the words "Ba'al ha'Bor"?

1.

Mechilta: To teach us that the owner of the pit is Chayav, even if he did not dig the pit himself. 1


1

See Torah Temimah, note 267. Refer also to 21;33:1:2*, and even if he only opened it See Oznayim la'Torah.

2)

Bearing in mind that the R'shus ha'Rabim is public property, why does the Torah refer to someone who digs a pit in the R'shus ha'Rabim as 'Ba'al ha'Bor'?

1.

Rashi: The Torah declares him the owner to render him liable for all subsequent damages. 1

2.

Bava Kama, 50a: To include a Bor that the owner dug in his own domain. 2


1

Refer to 24:33: 1:3.

2

See Torah Temimah, note 266.

3)

Why does the Torah write here "Yeshalem Kesef" and in Pasuk 36, "Yeshalem Shor"?

1.

Oznayim la'Torah: Because there, where the owner's ox gored the Nizak's ox, he clearly owns exen and will most likely pay an 'ox for an ox', whereas here, where it is his pit that caused the damage, there is no indication that he owns exen.

4)

In the Pasuk "ve'ha'Meis Yih'yeh Lo", to whom is "Lo" referring?

1.

Rashi, Ramban and Rashbam (all citing Bava Kama, 10b): The Nizak retains the Neveilah and the Mazik pays the balance of the Nezek. 1

2.

Rashbam (according to the simple P'shat) and Targum Yonasan. Once the Mazik has paid, he takes the Neveilah, 2 (and the onus of removing the ox from his pit therefore lies on him as well (Bava Kama, 11a, citing Acherim).


1

Ramban: Consequently, in the event that it gets lost or its value depreciates, it is the Nizak who bears the loss. In fact, this Din extends to all cases of Nezikin. Refer also to 21:34:3:4.

2

Bava Kama, 51a: Consequently, if an ox of Pesulei ha'Mukdashin (See Torah Temimah, note 271) falls into the pit, he is Patur

5)

What are the implications of "ve'ha'Meis Yih'yeh lo"?

1.

Bava Kama, 3a: It implies that the Pasuk is talking about a pit that is deep enough ro kill


1

Refer to 21:33:5:1**.

2

See Torah Temimah, note 272.

3

Refer to 21:34:2:1.

4

The Oznayim la'Torah, equating this ruling with that of 21:34:151:1 & 21:34:2:2, explains that the Mazik removes the ox from the pit, and gives it to the Nizak ("ve'ha'Meis Yih'yeh lo") as part payment ("Kesef Yashiv li'Be'aLa'av") .

6)

Why does the Torah say "Yashiv", and not 'Yitein' or 'Yeshalem'?

1.

Rashi: This includes paying with anything of equivalent value


1

Refer also to 21:36:1.3:1

7)

How will we reconcile "Yashiv" - 'Lerabos Shaveh Kesef', with the Pasuk later (22:4) "Meitav Sadeihu" - which obligates the Mazik to pay from Idis (the best-quality fields)?

1.

Rashi (citing Bava Kama 7b): If he pays land, he is obligated to give Idis 1 , but if he opts to pay Metaltelim, he may give anything. 2


1

Bava Kama 7b: Which is easy to sell. Refer also to 22:4:4:1.

2

Because if one cannot sell it here, one can sell it elsewhere.

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