(a)What does our Mishnah say about two potters who are walking one behind the other, when the first one trips and falls, and the second one trips over him and falls and injures himself?
(b)At first glance, the author of our Mishnah appears to be Rebbi Meir, who holds 'Niskal Poshe'a' (falling is considered negligent). How does Rebbi Yochanan establish our Mishnah even like Rebbi Yehudah, who holds that it is Ones?
(c)Rav Nachman bar Yitzchak goes one step further. According to him, the first potter would have been liable even if he had not been able to get up. On what grounds would he then be held liable?
(d)And what does Rebbi Yochanan say to that?
1)
(a)If two potters are walking one behind the other, when the first one trips and falls, and the second one trips over him and falls and injures himself, our Mishnah rules that the first one is liable to pay the damages of the second.
(b)At first glance, the author of our Mishnah appears to be Rebbi Meir, who holds 'Niskal Poshe'a' (falling is considered negligent). Rebbi Yochanan however, establishes our Mishnah like Rebbi Yehudah, who holds that it is Ones because it is not for falling that he is liable, but for not getting up when he should have done.
(c)Rav Nachman bar Yitzchak goes one step further. According to him, the first potter would have been liable even if he had not been able to get up. He would nevertheless be held liable for not shouting a warning to the man behind him.
(d)Rebbi Yochanan disagrees. He maintains that someone who is busy untangling himself is not expected to have the presence of mind to shout out a warning.
2)
(a)In the following Mishnah, the Tana obligates the owner of a beam to pay the owner of a barrel, if he stops in the street and the barrel crashes into his beam and breaks. Why does ...
1. ... the assumption that the former stopped to adjust his beam present Rebbi Yochanan with a Kashya?
2. ... establishing the Mishnah when he stopped to rest resolve the problem?
(b)Why does the Tana then switch in the Seifa to where the owner of the beam warned the owner of the barrel to stop? Why does he not rather present a case when he stopped to adjust his beam (even without warning the man behind him)?
(c)In a Beraisa which reiterates the Din of our Mishnah, the Tana discusses three potters or glaziers who are walking one behind the other. What does the Tana say in a case where first the first one, then the second, warned the one behind him, before he too, fell?
(d)Why do we initially think that this presents a Kashya on Rebbi Yochanan?
2)
(a)In the following Mishnah, the Tana obligates the owner of a beam to pay the owner of a barrel, if he stops in the street and the barrel crashes into his beam and breaks.
1. The assumption that the former stopped to adjust his beam presents Rebbi Yochanan with a Kashya because if someone who is busy adjusting his beam is expected to warn the person behind him, the same will apply to someone who is busy trying to stand up.
2. Establishing the Mishnah when he stopped to rest will resolve the problem because, since people have no authority to use the public street as a rest-place, it is obvious that he has to warn the person behind him to avoid being liable.
(b)The Tana nevertheless switches in the Seifa to when the owner of the beam warned the owner of the barrel to stop, rather than present a case when he stopped to adjust his beam (even without warning the man behind him) because he considered it necessary to inform us the Chidush that warning absolves from liability, even after having stopped illegally.
(c)In a Beraisa which reiterates the Din of our Mishnah, the Tana discusses three potters or glaziers who are walking one behind the other. The Tana says that in a case where first the first one, then the second, warned the one behind him, before he too, fell they are both Patur from paying.
(d)We initially think that this presents a Kashya on Rebbi Yochanan because, if, as we currently believe, they were unable to get up, then, according to him, since they were busy trying to untangle themselves, they should have been Patur from paying even if they had not warned the one behind.
3)
(a)Once again, we refute the Kashya by establishing the Mishnah when they were able to get up. In that case, why in the Seifa, does the Tana switch to when they warned each other? Why does he not rather present a case when they were unable to get up (even without warning the men behind them)?
3)
(a)Once again, we refute the Kashya by establishing the Mishnah when they were able to get up. Nevertheless, in the Seifa, the Tana switches to when they warned each other, rather than present a case when they were unable to get up (even without warning the men behind them) because the very fact that they can be Patur from paying by means of a verbal warning, even when they are able to get up, is in itself a Chidush.
4)
(a)Rava comments on the above Beraisa that the first Mazik is liable for damage done to the Nizak, irrespective of whether the injury was caused by his body or by his Kelim (or clothes). What does he say about the damage done to the third man by the second Mazik's Kelim (or clothes)?
(b)Why this distinction? Why are the first Mazik's Kelim considered to be his Bor, and not the second man's?
(c)Why is the second man then liable to pay for the damage done to the third man with his body?
(d)In all these cases, what is the basic difference between damage caused by the person and damage caused by his Kelim?
4)
(a)Rava comments on the above Beraisa that the first Mazik is liable for damage done to the Nizak, irrespective of whether the injury was caused by his body or by his Kelim whereas the second Mazik is only liable for damage caused by his body, but not for damage caused by his Kelim.
(b)The reason for this distinction is because the first Mazik is considered Poshe'a, in which case his Kelim are considered to be his Bor; whereas the second Mazik who tripped over the first Mazik b'Ones, is not liable for the damage caused by his Kelim, for which he does not bear responsibility
(c)The second Mazik is nevertheless liable to pay for the damage done to the third man with his body because he should have got up.
(d)In all these cases, the basic difference between damage caused by the Mazik and damage caused by his Kelim is that the former (which is Chayav because of Adam ha'Mazik) is liable not only for damage done to the person himself, but also for damage done to his Kelim; whereas the latter (which is Bor) is liable for damage done to the person exclusively (but not to his Kelim).
5)
(a)In view of what Abaye said earlier in the Perek (that according to the Chachamim of Rebbi Meir, 'Niskal Lav Poshe'a'), how will we explain the first part of Rava's statement? Why does Rava consider the first Mazik to be a Poshe'a?
(b)In that case, how will Rava establish the Machlokes between Rebbi Meir and the Chachamim?
5)
(a)Despite what Abaye said earlier (that according to the Chachamim of Rebbi Meir, 'Niskal Lav Poshe'a'), Rava, in the first part of his statement considers the first Mazik to be a Poshe'a because he disagrees with that. According to him, both opinions will agree that Niskal Poshe'a (see Gilyon ha'Shas, and Tosfos DH 'Amar Rava's) ...
(b)... and they argue exclusively, over whether Mafkir Nezakav l'Achar Nefilas Peshi'ah is Chayav or not.
31b----------------------------------------31b
6)
(a)What does the Tana of the Beraisa mean when he writes 'Kulan Chayavin Al Nizkei Gufan, u'Peturin Al Nizkei Mamonam'?
(b)Taking 'Kulan' literally, how do we initially understand the Beraisa? In which basic point does it clash with Rava?
(c)To conform with Rava's statement, how does Rav Ada bar Ahavah attempt to interpret 'Kulan'?
(d)On what grounds do we reject this explanation?
6)
(a)When the Tana of the Beraisa writes 'Kulan Chayavin Al Nizkei Gufan, u'Peturin Al Nizkei Mamonam' he means that either his body or his Kelim or clothes injured the person behind him (like Rava [at this point]).
(b)Taking 'Kulan' literally, we initially understand the Beraisa to mean that even the first Mazik is Patur for the damage done by his Kelim, because the Tana holds 'Niskal Lav Poshe'a'.
(c)To conform with Rava's statement, Rav Ada bar Ahavah attempts to interpret 'Kulan' to mean all the Nizakin (to preclude the first man, who is a Mazik, not a Nizak).
(d)We reject this explanation however, on the grounds that 've'Chulan' implies at least three. Consequently, seeing as there are only two Nizakin, unless the Tana comes to include the Mazik, he should have rather used the word 'Sheneihem'.
7)
(a)How do we then attempt to reinterpret Rava statement? What does Rava mean when he says that the first Mazik is Chayav 'bein b'Nizkei Gufo, bein b'Nizkei Mamono', whereas the second one is only Chayav by Nizkei Gufo', but not by Nizkei Mamono'?
(b)What is the reason for this?
(c)Why will this explanation only work according to Rav, who considers every obstacle a 'Bor'? What makes it unacceptable according to Shmuel?
7)
(a)So we attempt to reinterpret Rava statement. When he says that the first Mazik is Chayav 'bein b'Nizkei Gufo, bein b'Nizkei Mamono', whereas the second one is only Chayav by Nizkei Gufo, but not by Nizkei Mamono he is referring to the respective bodies of the Mazikin damaging the respective body or Kelim of the Nizak. As far as their Kelim is concerned, neither are Chayav (because he holds that 'Niskal Lav Poshe'a').
(b)This is because, even though both Mazikin are Onsin) the first one is more negligent than the first, and therefore when he failed to get up, Chazal gave him the Din of Adam ha'Mazik, whereas the second one (who is a pure Ones), they gave the Din of Bor.
(c)This explanation will only work according to Rav however, who considers every obstacle a 'Bor'. It is unacceptable according to Shmuel because there is no way that a person, to whom the term 'Hefker' is not applicable, can be considered a 'Bor'.
8)
(a)In the final analysis, what does Rava really mean?
(b)To reconcile Rava with the Beraisa, how does Rav Ada bar Minyomi qualify the Beraisa, which states 'Kulan Peturin Al Nizkei Mamonan'?
(c)How will we now explain the Beraisa according to Rav and according to Shmuel? When will the first Mazik be Patur for the damage done by his Kelim to those of the Nizak respectively?
(d)How about the Kelim of the second Mazik? Is he liable for the injuries sustained by the third person according to Rav?
8)
(a)In the final analysis, Rava really means what we originally understood in his words (that the first Mazik is Chayav for damage done to the second man, irrespective of whether the damage is caused by his body or by his Kelim whereas the second Mazik is only liable for damage caused by his body, but not for damage caused by his Kelim).
(b)To reconcile Rava with the Beraisa, Rav Ada bar Minyomi qualifies the Beraisa, which states 'Kulan Peturin Al Nizkei Mamonan' by restricting it to damage done to the Nizak's Kelim (whereas Rava is referring to injuries sustained by the Nizak himself).
(c)According to Rav the first Mazik will be Patur for the damage done by his Kelim to those of the Nizak, irrespective of whether the Mazik declared them Hefker or not; whereas according to Shmuel he will only be Patur if he declared them Hefker.
(d)The second person however is not liable for the injuries sustained by the third person according to Rav, because he was an Ones, as far as they were concerned, so whether he declared them Hefker (and they had a Din of Bor), or not (and they had a Din of Shor), he will be Patur, because one is not liable for damages caused by one's property b'Ones.
9)
(a)We learned in the Beraisa quoted on the previous Amud that if the second and the third men both tripped over the first one, then he is liable. What problem do we have with this statement?
(b)Rav Papa answers that the Beraisa speaks when he was sprawled across the street like a Shelda. What is 'a Shelda'?
(c)How does Rav Zevid describe the case?
(d)What is the difference between the two answers (see Tosfos DH k'Chutra')?
9)
(a)We learned in the Beraisa quoted on the previous Amud that if the second and the third men both tripped over the first one, then he is liable. The problem with this statement is how it is possible for the third man to have tripped over the first man and not the second one.
(b)Rav Papa answers that the Beraisa speaks when he was sprawled across the street like 'a Shelda' which is a carcass.
(c)Rav Zevid explains that he was sprawled across the street like a blind man's stick.
(d)The difference between the two answers (Tosfos explains) is that according to Rav Zevid, the Tana is speaking specifically when the first man stretched across the street at an angle (which is the way that a blind man would hold his stick); had the stick been straight (like Rav Papa explained), he would not be Chayav, because the third man should have been aware of the danger when he saw the second man fall.
10)
(a)What does our Mishnah rule in a case where a man carrying a beam and a man carrying a barrel collide head-on in the street, and the barrel breaks?
(b)What does he say in a case where the man with the beam is walking in front of the man with the barrel ...
1. ... and the barrel smashes into the beam and breaks?
2. ... and the barrel smashes into the beam and breaks, but after the man with the beam stopped suddenly?
(c)And what does the Tana rule in a case where the man with the barrel is walking in front of the man with the beam ...
1. ... and the beam smashes into the barrel and it breaks?
2. ... and the beam smashes into the barrel and it breaks, but after the man with the barrel stopped suddenly?
3. ... in the latter case, if the latter warned the former that he was about to stop?
(d)Which similar case follows the same pattern as that of the barrel and the beam?
10)
(a)In a case where a man carrying a beam and a man carrying a barrel collide head-on in the street, and the barrel breaks, our Mishnah rules that the former is Patur, because he had as much right to walk in the street as the latter.
(b)Where the man with the beam is walking in front of the man with the barrel ...
1. ... and the barrel smashes into the beam and breaks the former is Patur (even assuming that he slowed down slightly).
2. ... and the barrel smashes into the beam and breaks, but after the man with the beam stopped suddenly he is liable (for not warning the man behind him of his intention to stop).
(c)And in a case where the man with the barrel is walking in front of the man with the beam ...
1. ... and the beam smashes into the barrel and it breaks the Tana rules that he is Chayav to pay (even assuming that the man with the beam slowed down slightly).
2. ... and the beam smashes into the barrel and it breaks, but after the man with the barrel stopped suddenly the former is Patur.
3. ... in the latter case, if the latter warned the former that he was about to stop then the former is liable.
(d)A case of one man walking with a lamp and the other, with a bundle of flax will follow the same pattern as the above.
