Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:

Bava Kamma 

Halacha:

Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 32a ,  Bava Kamma: 32b  

Description

For Bava Kamma 32: Mazik Es Ishto biTashmish HaMitah which requires a study of the concept of Hezek Birshus, i.e. where the Mazik was allowed to be where he went. This will touch upon cases like pouring water or refuse into a public domain during the winter season, or running thru a public domain on Erev Shabbos. In the latter part of today's shiur we will address scenarios where both the Mazik & Nizak were משנה, e.g. the Nizak'a animal was laid out in a public domain and the Mazik's animal kicked the animal laid out. But what if the 1st fellow fell & delayed getting back up, is he responsible for the damage caused to the Nizak who tripped over his body? Here we need to analyze the principle of היזק בלא מעשה היזק, the Mazik was passive.