Mishnah 1
1)
(a)Why does the Mishnah find it necessary to state twice that Regel is considered Mu'ad if it damages as it walks?
(b)What distinction does the Tana draw between an animal that eats fruit or vegetables and one that eats clothes or vessels?
(c)What is the reason for the latter ruling?
1)
(a)The Mishnah finds it necessary to state twice that Regel is considered Mu'ad if it damages as it walks (See Tos. Yom-Tov) - once for the Avos and once for the Toldos.
(b)The Tana rules that an animal that eats fruit or vegetables - must pay full damage, whereas one that eats clothes or vessels pays only half ...
(c)... because, inasmuch as it is unusual (Meshuneh) - it is a Toldah of Keren (which is not subject to Chatzi Nezek).
2)
(a)What will be the Din if Reuven's animal kicks and wounds an animal belonging to Shimon?
(b)Under which category of Nezikin does this fall?
(c)What if it kicks up pebbles as it walks along and breaks Shimon's vessels?
(d)Of which Av is Tzeroros a Toldah?
(e)Where must it therefore take place in order to be Chayav?
2)
(a)If Reuven's animal kicks and wounds an animal belonging to Shimon - he must pay Chatzi Nezek.
(b)This falls under the category of - Keren.
(c)If it kicks up pebbles as it walks along and breaks Shimon's vessels - he is Chayav Chatzi Nezek too, because it falls under a special category of Nezikin called 'Tzeroros' ...
(d)... which in turn, is a Toldah of 'Regel'.
(e)consequently, in order to be Chayav - it must take place in the domain of the Nizak (See Tos. Yom-Tov).
3)
(a)The Mishnah now discusses a case where Reuven treads on a vessel belonging to Shimon and breaks it, and the vessel subsequently falls on to another vessel and breaks it. How much does Reuven have to pay for ...
1. ... the first vessel?
2. ... second vessel?
(b)How much is the owner obligated to pay, if his chicken walks along smashing other people's things?
(c)What if it is the bucket (D'li) that is tied to its feet that shoots up the stones that do the damage?
(d)Some have the text 'D'lil' instead of D'li. What does 'D'lil' mean?
(e)And how much will the owner have to pay if his chicken does a dance and shoots up stones in the process which cause damage?
3)
(a)The Mishnah now discusses a case where Reuven treads on a vessel belonging to Shimon and breaks it, and the vessel subsequently falls on to another vessel and breaks it. For ...
1. ... the first vessel - he must pay full damages (because it is Regel), and for ...
2. ... the second vessel - Chatzi Nezek (because of Tzeroros [See Tos. Yom-Tov]).
(b)If a man's chicken walks along smashing other people's things, he is obligated to pay - full damages (See Tos. Yom-Tov) ...
(c)... whereas if it is the bucket (D'li) that is tied to its feet that shoots up the stones that do the damage - he pays only Chatzi Nezek.
(d)Some have the text 'D'lil' - (with reference to anything that is tied to its feet) instead of D'li.
(e)If a man's chicken does a dance and shoots up stones in the process which cause damage - he also pays Chatzi Nezek, as that too, is considered Tzeroros.
Mishnah 2
4)
(a)In discussing Shen, when does the Mishnah obligate the owner to pay? What category of 'food' must one's animal eat in order to be Chayav?
(b)What distinction does the Tana draw between whether his animal eats fruit or vegetables and clothes or vessels?
(c)Why the difference?
4)
(a)In discussing Shen - the Mishnah obligates the owner to pay (See Tos. Yom-Tov) - as long as what his animal ate was edible.
(b)The Tana rules that if his animal eats fruit or vegetables - he is Chayav to pay in full, whereas if it eats clothes or vessels - he pays only half ...
(c)... because - whereas it is not unusual for an animal to eat fruit and vegetables, it is unusual for it to eat clothes and vessels.
5)
(a)From which of the above is the owner Patur if his animal eats them in the R'shus ha'Rabim?
(b)From where do we know that Regel is not Chayav in the R'shus ha'Rabim?
(c)Why is one nevertheless Chayav if it eats clothes or vessels there?
5)
(a)The owner is Patur if his animal eats - fruit or vegetables in the R'shus ha'Rabim (See Tos. Yom-Tov).
(b)We know that Regel is not Chayav in the R'shus ha'Rabim - from the Pasuk "u'Bi'er bi'Sedei Acher" (confining the Chiyuv to pay for Shen to the field of the Nizak).
(c)One is nevertheless Chayav if it eats clothes or vessels there - because as we explained, it is a Toldah of Keren, and Keren is Chayav even in the R'shus-ha'Rabim. Moreover, one is permitted to place these things in the street for a short period of time (See Tos. Yom-Tov).
6)
(a)On what condition is one Chayav to pay for fruit or vegetables that one's animal eats in the street?
(b)What does he have to pay, assuming what he ate was worth ...
1. ... more than barley?
2. ... less than barley?
(c)What if what the animal ate caused it damage?
(d)What is an example of something that causes animals damage?
6)
(a)One is Chayav to pay for fruit or vegetables that one's animal eats in the street - if the animal benefited from the meal (in which case he pays for the benefit, not for the damage.
(b)What he has to pay, assuming that what it ate was worth ...
1. ... more than barley - is the equivalent of the volume of barley of what he ate (See Tos. Yom-Tov), which he then pays the Nizak at the cheap price of barley (a third less that the regular cost).
2. ... less than barley - is the price of whatever it ate at a cheap price.
(c)If what the animal ate caused it damage - then the owner is Patur altogether.
(d)An example of something that causes animals damage is - wheat.
7)
(a)If where one's animal ate from the middle of the street or from the entrance to a store, he is obligated to pay for what the animal benefited, how much must he pay if it ate from ...
1. ... the side of the street?
2. ... inside the store?
(b)What is the reason for these rulings?
(c)From where do we know that Tzeroros pays only Chatzi Nezek, even though it is a Toldah of Regel
7)
(a)Whereas if one's animal ate from the middle of the street or from the entrance to a store, he is obligated to pay for what the animal benefited, if it ate from ...
1. ... the side of the street or from ...
2. ... inside the store - he must pay in full ...
(b)... because - since it is not the way of animals to go there, it is not considered the R'shus ha'Rabim, and is therefore a regular case of Shen bi'Reshus ha'Nizak.
(c)We know that Tzeroros pays only Chatzi Nezek, even though it is a Toldah of Regel - Halachah le'Moshe mi'Sinai.
Mishnah 3
8)
(a)What is the Din in a case where a dog or a kid-goat jump from a roof and break vessels (in the R'shus of the Nizak)?
(b)Why is that?
(c)The Tana now discusses the case of a dog that takes a Chararah to a haystack. What is a 'Chararah'?
(d)If the dog then eats the cake and sets fire to the haystack, what must the owner of the dog pay for ...
1. ... cake?
2. ... haystack?
(e)What is the reason for the latter ruling?
8)
(a)If a dog or a kid-goat jump (See Tos. Yom-Tov) from a roof and break vessels (in the R'shus of the Nizak) - the owner is Chayav to pay in full ...
(b)... because, seeing as this is normal behavior - it falls into the category of Regel.
(c)The Tana now discusses the case of a dog that takes a Chararah - a freshly-baked cake to which burning coals are still attached [See Tos. Yom-Tov]) to a haystack.
(d)If the dog then eats the cake and sets fire to the haystack, the owner of the dog must pay ...
1. ... full damages for the cake, and ...
2. ... Chatzi Nezek for the haystack ...
(e)... because it is considered Tzeroros (see Tos. Yom-Tov).
Mishnah 4
9)
(a)The Mishnah now presents the Dinim of a Tam and a Mu'ad, beginning with that of a Mu'ad. To which kind of Tam it is referring?
(b)Rebbi Yehudah defines a Mu'ad as an 'ox' that gores and the owner is warned on three consecutive days. How does he then define a Tam?
(c)Rebbi Meir is more stringent than Rebbi Yehudah in both cases. In which point does he argue with him, regarding ...
1. ... a Mu'ad?
2. ... a Tam?
(d)Like whom is the Halachah regarding ...
1. ... a Mu'ad?
2. ... a Tam?
9)
(a)The Mishnah now presents the Dinim of a Tam and a Mu'ad, beginning with that of a Mu'ad. The 'Tam' to which the Tana is referring is - where it reverts to its initial status after it became a Mu'ad (See Tos. Yom-Tov).
(b)Rebbi Yehudah defines a Mu'ad as an 'ox' that gores and the owner is warned on three consecutive days (See Tos. Yom-Tov), and a Tam as - one that then sees other animals on three consecutive days and does not attack them.
(c)Rebbi Meir is more stringent than Rebbi Yehudah in both cases. In his opinion, an animal becomes ...
1. ... a Mu'ad - even if it gores (and the owner is warned) three times on the same day.
2. ... a Tam - only if children are able to play with it and it does not gore them (See also Tos. Yom-Tov).
(d)The Halachah is like ...
1. ... Rebbi Yehudah - regarding a Mu'ad, but like ...
2. ... Rebbi Meir regarding a Tam.
Mishnah 5
10)
(a)What is the Tana referring to when he discusses 'Shor ha'Mazik bi'Reshus ha'Nizak?
(b)What is the Din if an ox gores, pushes, bites ... in the R'shus ha'Rabim (See Tiferes Yisrael)?
(c)The Chachamim issue the same ruling if it does so in the R'shus ha'Nizak. What does Rebbi Tarfon say?
10)
(a)When the Tana discusses 'Shor ha'Mazik bi'Reshus ha'Nizak - he is referring to the Din of Keren.
(b)If an ox gores, pushes, bites ... in the R'shus ha'Rabim - the owner pays Chatzi Nezek (See Tos. Yom-Tov).
(c)The Chachamim issue the same ruling if it does so in the R'shus ha'Nizak. According to Rebbi Tarfon - he pays Nezek Shalem.
11)
(a)How does Rebbi Tarfon learn his Din from Shen ve'Regel?
(b)How do the Chachamim counter his Kal va'Chomer?
(c)What did Rebbi Tarfon mean when he changed his Kal va'Chomer from 'Keren from Keren' to 'Keren from Regel'?
(d)How did the Chachamim counter that? Which principle did they cite?
(e)What does it mean?
11)
(a)Rebbi Tarfon learns this from Shen ve'Regel - inasmuch as they Chayav Nezek Shalem in the R'shus ha'Nizak (See Tos. Yom-Tov), despite the fact they are Patur in the R'shus ha'Rabim. If so, Keren which pays Chatzi Nezek in the R'shus ha'Rabim, should certainly pay Nezek Shalem in the R'shus ha'Nizak!
(b)The Chachamim counter however that - just as the Chiyuv of Keren in the R'shus ha'Rabim consists of Chatzi Nezek, so too, can it only consist of Chatzi Nezek in the R'shus ha'Nizak ('Dayo' [See Tos. Yom-Tov]).
(c)When Rebbi Tarfon changed his Kal va'Chomer from 'Keren from Keren' to 'Keren from Regel' (See Tos. Yom-Tov), he meant that - if in the place where the Torah is lenient on Shen ve'Regel (the R'shus ha'Rabim), it is strict on Keren, there where it is strict on Shen ve'Regel (to pay Nezek Shalem), it should certainly be strict on Keren! (See Tos. Yom-Tov).
(d)The Chachamim countered that - in the same way as they countered his previous argument; only they presented the principle - 'Dayo le'Ba min ha'Din Lih'yos ke'Nadun' ...
(e)... 'When one learns a. from b. via a Kal va'Chomer (no matter how one twists it) a. cannot be stricter than b. Consequently, irrespective of whether it is 'Shen va'Regel' or 'Keren in the R'shus ha'Rabim' that pays Chatzi Nezek, that is how much Keren bi'Reshus ha'Nizak will pay (See Tos. Yom-Tov).
12)
(a)Does this mean that Rebbi Tarfon does not hold of 'Dayo'?
(b)How do we learn 'Dayo' from the Pasuk in Beha'aloscha (in connection with Miriam's Tzara'as) "ha'Lo Sikalem Shiv'as Yamim"
(c)On what grounds does he ...
1. ... accept it there?
2. ... reject it here?
(d)What do the Rabbanan say to that?
(e)Like whom is the Halachah?
12)
(a)This does not mean that Rebbi Tarfon does not hold of 'Dayo' ...
(b)... which we learn from the Pasuk in Beha'aloscha (in connection with Miriam's Tzara'as) "ha'Lo Sikalem Shiv'as Yamim" - because if one is in disgrace with one's father for seven days, then with Hash-m, one ought to be in disgrace for fourteen days (See Tos. Yom-Tov). Yet, on account of 'Dayo', Miriam was sent out of the camp by the Shechinah for only seven days
(c)He ...
1. ... accepts it there - because, even with 'Dayo', the Kal-va'Chomer teaches us that Miriam was in disgrace for seven days (which the Torah does not explicitly mention [See Tos. Yom-Tov]).
2. ... rejects it here, on the other hand - because, once one applies 'Dayo', the Kal-va'Chomer does not teach is anything (since we already know that Keren is Chayav Chatzi Nezek in the R'shus ha'Yachid).
(d)The Rabbanan hold of 'Dayo' - even if it negates the Kal-va'Chomer altogether.
(e)The Halachah is - like the Chachamim.
Mishnah 6
13)
(a)Adam ha'Mazik is more stringent than all other Mazikin. What does the Mishnah say about a person who damages ...
1. ... be'Shogeg?
2. ... in his asleep?
(b)On what principle is this baed?
(c)On what condition is the latter Patur?
(d)What will be the Din if two people who lay down to sleep simultaneously, one beside the other, wound each other in their sleep?
13)
(a)Adam ha'Mazik is more stringent than all other Mazikin. The Mishnah rules that a person who damages ...
1. ... be'Shogeg or ...
2. ... in his asleep (See Tos. Yom-Tov) - is Chayav to pay full damamges ...
(b)... based on the principle 'Adam Mu'ad Le'olam!'.
(c)The latter is Patur however - if the Nizak lay down next to him after he was already asleep (See Tos. Yom-Tov).
(d)If two people who lay down to sleep simultaneously, one beside the other, wound each other in their sleep - they are both Chayav to pay.
14)
(a)What does the Tana finally rule in a case where Reuven blinds Shimon or breaks his vessels?
(b)What if he did it be'Shogeg?
(c)However, he is only Chayav to pay Nezek, but is Patur from the four things. Which four things?
(d)On what condition is one Chayav to pay the four things as well?
14)
(a)The Tana finally rules that if Reuven blinds Shimon or breaks his vessels - he is Chayav to pay ...
(b)... even if he did so be'Shogeg (See Tos. Yom-Tov).
(c)However, he is only Chayav to pay Nezek, but is Patur from the four things - 'Tza'r (pain), Ripuy (doctor's fees), Sheves (work loss) and Boshes (shame [as we will learn in the sixth Perek - See Tos. Yom-Tov & Tiferes Yisrael).
(d)One is only Chayav to pay the four things as well - if one damages be'Meizid or Karov le'Meizid (see Tos. Yom-Tov).
