REVACH L'DAF
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SUMMARY
A BIT MORE
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BRIEF INSIGHT
AN INTENTIONAL SHOVE
If a Shor and a person push a Shor into a Bor they are all Chayav to pay. Tosfos says that the person did not intentionally push the Shor into the Bor because if he did it intentionally he would be the only one to be Chayav and the Ba'al ha'Shor and Ba'al ha'Bor would be Patur. Just like if someone throws a Talis in a fire he would be Chayav for the entire Nezek and the Ba'al ha'Esh would be Patur, so too if someone intentionally pushes a Shor into a Bor the Ba'al ha'Bor is Patur. The Ketzos ha'Choshen says that although in a case that a person pushes a Shor into a Bor intentionally the Ba'al ha'Bor is Patur, however if the person and a Shor push an animal into a Bor together since the Shor also damaged intentionally the Ba'al ha'Shor must share in the payment.
QUICK HALACHAH
PARTNERS IN HEZEK
If a person and a Shor push a Shor into a Bor and the person pushed it unintentionally all three of them are Chayav. If the Shor was a Mu'ad they split the payments equally and if it was a Tam the Shor pays 1/6 and the remaining 5/6 is split between the person and the Ba'al ha'Bor. If a woman was pushed in a Bor and she miscarried the person pays everything and the Shor and Bor are Patur. If a person was pushed in they are all Chayav for Nezek and the person who pushed him in is solely responsible for the other four payments and if utensils were pushed in the Bor and they broke the person and the Ba'al ha'Shor are Chayav and the Ba'al ha'Bor is Patur. Some say that if two people cause a Hezek and they are both Bar Chiyuva and one of them ran away or does not have the money to pay the other person must pay for the entire Hezek. Some opinions argue however, and they hold that since they are both equally Chayav why should one pay the payment that the other person is Chayav just because he does not have any money. (Shulchan Aruch CM 410:34-37)
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