Bava Kamma 14a-b: Defining the חצר where to damage took place in the respective Mazikim of שור, i.e. קרן שן ורגל

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June 14 2016
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1h 18min 50s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

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Halacha:

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 14a Bava Kamma: 14b  

Description

The sugya in B"K 14a, how to define the חצר where to damage took place in the respective Mazikim of שור, i.e. קרן שן ורגל. There seems to be a contradiction between two Beraisos regarding the issue of שן ורגל when the HeZek took place in a חצר השותפין, i.e. both the Mazik & the Nizak had permission to use the חצר. Logically we would compare that חצר to a רשה"ר. The Mazik can only be held responsible if he had no permission to allow his animal to enter into the Reshus, i.e. in the רשות הניזק; here the Mazik had permission. The sugya raises possible variations in חצר השותפין with an eye to reconcile the 2 Beraisos. We will begin the new mishna which has an assortment of Dinim and conditions that must be met in order to collect damages.

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