Masechet Bava Kamma 36a: Intro to Perek IV, the Mishna of Rebby Meir, multiple Hezekim of a Shor Tam

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Date:
July 07 2016
Length:
1h 6min 11s
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830
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Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:
Bava Kamma 
Halacha:
Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 36a  

Description

This shiur is meant as an introduction to Perek IV, specifically to the the Mishna of Rebby Meir, the very first Mishna of the Perek. The Mishna addreses the case of multiple Hezekim of a Shor Tam. Rashi & the Rashba work out the details of an ox that gored more than 3 times and yet remains a Tam. Rebby Meir establishes that the last one to be damaged is the first to collect damages. This will mean that since the compensation in the case of a Tam is limited to the value of the ox, it is the very last Nizak who "wins out" by allowing him to collect first. If there's anything left in the (value of the) ox, the next to last Nizak can collect from the שור. This can work acc to R' Yishmel if the Nizak grabbed onto the ox following the damage.

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    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.