More Discussions for this daf
1. Mazik and afterwards mafkirim 2. Rashi DH u'Va Ba'al Chov 3. Language of Mishnah
4. Mishnah Written in the First Person 5. ברש"י ד"ה ובא בעל חוב 6. רש״י ד״ה שליש ביתו
DAF DISCUSSIONS - BAVA KAMA 9

Yoram Rovner asked:

In Mishna 1:2 of Baba Kama says "Nejasim a meyujadim" which some mefarshim interprets as that the mazik has to have owners:

when he makes the injury

shaat amidat badin

How is that a person only makes efker his shor ha mazik and avoid paying all the damages?

Thanks

Yoram Rovner, Santiago Chile

The Kollel replies:

This sounds like it would be an easy way to avoid paying for damages. However, the commentaries explain that only if a person makes his Shor Hefker, and then someone else acquires it before the Gemar Din is the person exempt from damages. If the owner makes the animal Hefker and then reacquires the shor before the Gemar Din, he still has to pay (see SHULCHAN ARUCH C.M. 406:3).

It would therefore only pay if the Shor went on a rampage and damaged more than he is worth. The ARUCH HASHULCHAN (C.M. 406:6) indeed says that if the Halachah was that anyone could make their Shor Hefker and then reacquire it to get out of damages, everyone would do it!

Take Care,

Yaakov