In the following case I have a question.
Ruvain's ox (200) gores Shimon's (200) who grabs the ox. The ox then
damages Levi's ox (400).
According to the gemara's discussion, R. Meir would say that Ruvain gets 100 because he owed Shimon 100 and Shimon grabbed the ox. Levi can only get a maximum of 100 because 100 of the ox belongs to ruvain. (I realize that this exact case is not in the gemara, but the prinicple is the same. The gemara says that Levi can never collect more than 100 because 100 is owed to Ruvain). But why should the 100 owed to Ruvain come out of the ox? Shimon grabbed the ox and owes Ruvain 100. Levi can say--I don't care what you owe ruvain. The fact is that the shor is worth 200 and I am entitled to 200 from the body of the ox."
Since Shimon is equivalent to a shomer sachar, he is responsible for the damage that the ox does as a shor tam. He is therefore responsible for chazi nezek m'guf ha'shor. Please explain.
Thank you very much for this service.
Yaron Lebovitz, Bergenfield, NJ, USA
Your question is actually the Maharsha's question on Tosfos. The Gemara does not clearly say the Halachah in the case where the Nezek of Levi is more than that of Shimon. Rashi says that only the Nizak is obligated to watch it, and it would seem that he should be Chayav to pay the entire Chatzi Nezek. Tosfos, however clearly says that Shimon's liability is limited to his Chelek. The Maharsha says that it is a perplexing question on Tosfos, and he brings the Shiltei Giborim who says likewise.
The Shach (401:3) writes that when one gives something to a Shomer, one retains responsibility, and therefore Tam takes from the Guf, whereas in this case Shimon's responsibility is limited to what he owns, and Reuven is an Ones.
D. Zupnik