Bava Kamma 47a-b: The Capacity of the Nizak to collect from the ולד הפרה when we have doubts if the cow was pregnant at the moment of the damaging

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July 16 2016
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1h 35min
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Halacha:

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 47a Bava Kamma: 47b  

Description

Our sugya today in Bava Kamma 47a-b addresses the Mishna of Sumchus, the collection rights of the plaintiff is doubtful. What is the capacity of the Nizak to collect from the ולד הפרה when we are unsure as to whether the cow was pregnant at the moment of the damaging. The cow gored the ox, but did the fetus 'participate' in the goring? Does the Nizak have the right to collect - under the law of a Tam - from the fetus just as he can collect from the cow itself? We will see two interpretations of Abaye as well as that of Rava. We will study the Mishna that records a debate: if the owner of the property invites someone to enter with the latter's utensils or grains, does the property owner accept responsibility for the property of the מכניס?

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