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

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Date:
June 16 2016
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1h 18min 1s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Halacha:

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.

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