Masechet Bava Kamma 16a-b: Usual & Unusual damages, שן vs. קרן, does the damager pay the entire sum or only half? In Reshus HaRabim, in the Reshus of the damaged party

Speaker:
Ask speaker
Date:
June 16 2016
Length:
1h 18min 1s
Downloads:
11
Views:
817
Comments:
0

Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Bava Kamma 
Halacha:
Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 16a ,  Bava Kamma: 16b  

Description

For Masechet Bava Kamma 16a-b we will discuss the two categories: Usual & Unusual damages, שן vs. קרן. Animals generally eat certain foods and do not eat utensils or garments. Certain animals will pounce on their prey and devour their prey even whilst is is still living. The science of animal behavior and the particular way the animal damaged will determine: does the damager pay the entire sum or only half? The unusal Hezek is classified as Keren and pays even in Reshus HaRabim; however the animal is initially defined as a Tam and only pays half the damage. If the Hezek took place in the Reshus of the damaged party, Rebby Tarfon requires full compensation. The usual damage is שן או רגל and pays the entire sum but only in Reshus HaNizak.

    More from this:
    Comments
    0 comments     Leave a Comment
    Title:
    Comment:
    Anonymous: 

    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Nechama and Elliot Rosner in memory of their dear father, Irwin Rosner and by Barbie and Ira Taub to commemorate the yahrzeit of Paul Taub, Pesach Ben Yisroel Tzvi Hirsch and by Dr. Harris and Elisheva Teitz Goldstein l’zecher nishmos his parents, Rabbi Dr. Noah Goldstein, HaRav Noach ben Yitzchak David zt’l, and Beverly Goldstein, Bayla bas Noach Ze’ev z’l, on their yahrzeits this week.