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BAVA KAMA 39

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PAST DEDICATION
BAVA KAMA 39 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

SUMMARY

If someone's Shor gores the Shor of a deaf-mute, insane person or Katan he is Chayav.
 
If the Shor of a deaf-mute, insane person or Katan gores someone's Shor he is Patur.
 
If the Shor of a deaf-mute, insane person or Katan is Muchzak to gore Beis Din places the Shor in the guard of a custodian and makes it into a Mu'ad. (1)
 
R. Yochanan holds that when the Shor becomes a Mu'ad it pays Nezek Shalem from the property of the orphans. (2)
 
Rebbi Yosi Bar Chanina holds that it pays Nezek Shalem from the property of the custodian and when the Katan grows up he must pay him back.
 
If the Shor becomes a Mu'ad and subsequently the deaf-mute or insane person is healed, or the Katan becomes a Gadol, according to R. Meir the Shor reverts back to being a Tam.
 
Rebbi Yosi holds that the Shor remains a Tam even after the deaf-mute or insane person is healed, or the Katan becomes a Gadol. (3)
 
If a Shor is trained to gore it is not put to death if it kills a person.
 
R. Yochanan says that a debt is never collected from the property of the orphans unless it is a debt with Ribis or in order to pay off the Kesuvah of the widow. (4)
 
Sumchus holds that we do not place the Shor Tam in the guard of a custodian in order to collect mi'Gufo, while the Chachamim argue.
 
Rebbi Yehudah holds that the Nezek Shalem that a Mu'ad pays includes Chatzi Nezek of a Tam which pays mi'Gufo plus another Chatzi Nezek that pays from Aliyah.
 
Rebbi Yehudah holds that for a Shor Mu'ad a second-rate Shemirah is sufficient. (5)

A BIT MORE

1. Although the Shor Tam of a deaf-mute, insane person or Katan is Patur, once it becomes a Mu'ad if it gores again it pays Nezek Shalem.
 
2. Because if the payment is made by the custodian it would be difficult to find a custodian who would be willing to take the job.
 
3. R. Meir holds that when a Shor Mu'ad changes hands from the custodian to the owner it goes back to being a Tam, while Rebbi Yosi holds that even after the Shor changes hands it remains a Mu'ad.
 
4. Until the Kesuvah is paid off the widow must be given Mezonos therefore the Kesuvah is collected from the property of the orphans so that they will not continue to have to give her Mezonos.
 
5. A fence that could hold up to a regular wind is a second-rate Shemirah and it is sufficient for a Mu'ad but not for a Tam.

BRIEF INSIGHT

YAD ANIYIM
 
The Gemara states that a person who rapes or seduces a Kusis must pay a Knas and the Rabanan do not penalize the Kusis so that a sinner will not be rewarded; we don't give the money to the poor because it is money without a claimant. Tosfos Rabeinu Peretz asks why don't we give the money to the poor. Even though it is money without a claimant, the Beis Din is the Yad of the poor and they will collect the money for the poor. Tosfos Rabeinu Peretz answers that since it is money without a claimant no one will bring witnesses to Beis Din and it will be impossible for the Beis Din to clarify the incident.

QUICK HALACHAH

SHOR OF A CHERESH
 
If someone's Shor gores the Shor of a deaf-mute, insane person or Katan he is Chayav. If the Shor of a deaf-mute, insane person or Katan gores someone's Shor or if the Shor of someone who traveled overseas gores it is Patur. (Shulchan Aruch CM 406:5)

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