REVACH L'DAF
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SUMMARY
1. There is a disagreement whether or not one is Chayav for causing damage to his friend's property if he merely forced it to remain in a place where it will usually get damaged.
2. One who ties up his friend thereby causing him to starve to death is Patur.
3. If someone ties up his friend in the sun or in the cold and he dies from the elements he is Chayav.
4. If someone ties up his friend in front of a lion he is Patur.
5. There is a disagreement whether someone who ties up his friend in front of mosquitoes is Chayav.
6. If one puts a barrel over his friend's head causing him to suffocate to death, or if one removes the roof from a house where his friend is sleeping causing him to freeze to death there is an argument whether he is Chayav.
7. If someone throws his friend into a well with a ladder and then he or someone else removes the ladder, or he shoots an arrow at a person holding a shield and then he or someone else removes the shield, he is Patur.
8. If someone shoots an arrow at his friend and his friend has access to a balm which will cure him and then the shooter or someone else scatters the balm and his friend dies he is Patur.
9. If one throws a stone at a wall with the intention that it will bounce off the wall and kill someone he is Chayav Misah.
10. One who throws a stone at a wall and kills b'Shogeg a person who is standing within four Amos of the wall is Patur from Galus. But if the victim was standing more than four Amos away from the wall he is Chayav Galus.
11. One who ties up his friend next to a river and directs the flowing water onto his friend causing him to drown is Chayav Misah.
12. One who throws a stone high in the air which upon descent veers off to the side killing someone is Chayav Misah.
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A BIT MORE
1. Ravina holds that he is Chayav because if a murderer who is not Chayav for Shogeg and Ones is Chayav for confinement, certainly a Mazik who is Chayav for Shogeg and Ones should be Chayav for confinement. Rav Acha Bar Rav holds that he is Patur because of a Gezeiras ha'Kasuv.
2. Although he died as a result of the confinement, the perpetrator is Patur, because the hunger which killed him was not an issue at the time of the confinement.
3. Since it was already hot or cold at the time of the confinement, he is Chayav. However, if he ties him up before the sun came up or before it turned cold, and consequently the victim died from the elements, he is Patur. This is because the Mazik(damager) was not present at the time of the confinement.
4. This is because the lion would have killed him even if he wasn't tied up.
5. Rava maintains that he is Chayav since the mosquitoes were there at the time of the confinement. Rav Ashi says that he is Patur because the mosquitoes present at the time of confinement flew away and other mosquitoes killed him.
6. Rava says that he is Patur since the bad air or the cold air which killed him was not present at the time of the act. Rebbi Zeira says he is Chayav because the bad air or cold air arrived immediately after the act. Rebbi Zeira admits that if a person drags his friend into a marble house and his friend suffocates because of the lack of air he is Patur. Hwever, if he lights a candle in the marble house he is Chayav.
7. The act of throwing him into the well or shooting an arrow at him was not an act of murder since at the time of the act his friend had a ladder or a shield. Even if the perpetrator subsequently removes the ladder or the shield he is Patur because it is only Gerama.
8. Even if his friend did not have the balm at the time of the shooting but after the shooting the shooter gave his friend a balm which his friend didn't use, the shooter is Patur .
9. It is not considered a Hasra'as Safek even though the witnesses can't be sure that it will bounce back in such a way that it will kill the person.
10. We assume that his intention was that it will bounce back very far, therefore if it bounces back within four Amos and kills someone the perpetrator is Patur from Galus. One who throws an object two Amos and kills a person b'Shogeg, is Patur from Galus if his intention was to throw the object four Amos.
11. He is Chayav Misah if he tied his friend up close to the water and the water flowed immediately on his friend because the water is considered like an arrow that he shot. But if he tied his friend up somewhat far from the water and it took some time for the water to reach his friend, then he is Patur because it is regarded as Gerama.
12. However, if upon descending straight down the rock kills someone the perpetrator is Patur from Misah, because it is not considered his action.
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