REVACH L'DAF
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SUMMARY
A BIT MORE
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BRIEF INSIGHT
YOVEL AND THE ASERES HA'SHEVATIM
Rebbi Yochanan says that Hezek She'Eino Nikar is Patur Min ha'Torah however if one is Metamei Medameh or Menasech b'Mezid he is Chayav so that it will be a deterrence. The Tosofs Ri'd say although Hezek She'Eino Nikar is Chayav mid'Rabanan, Gerama is Patur even mid'Rabanan because he did not do an act at all. Although a Kohen that causes a Korban to be Pigul is Chayav if he did so b'Mezid even though he did not do an act that is because at the same time that his Dibur made it Pigul he was doing the act of Shecitah or Zerikah and therefore it is regarded as an act.
QUICK HALACHAH
CAUSING DAMAGES
If someone is Mazik his friend with a Hezek She'Eino Nikar since the damaged item was not changed and the form was not lost, he is Patur from paying Min ha'Torah. But the Rabanan stated that since he caused the item to depreciate he must pay. This is a Knas Chachamim in order that a person will not be Metamei the Taharos of his friend. If Kohanim cause a Korban to become Pigul b'Mezid they are Chayav to pay because of a Tikun ha'Olam. If someone does Melachah with the water of the Parah Adumah or with the Parah Adumah itself b'Mezid they are Chayav. (Rambam Hilchos Chovel 7:1, 3, 4)
It is a mistake to say that he is Chayav for doing Melachah with the Parah Adumah because he is only Chayav according to the opinion that opinion that Hesek She'Eino Nikar is Chayav. The reason he is Patur according to the opinion that Hesek She'Eino Nikar is Patur is because his intention is to benefit him not to damage him. (Ra'avad).
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