For Bava Kamma 49b we offer an intro to the Mishna of בור, a mishna that presents 3 different scenarios. What are the חידושים of each of the three? We will establish that the opening case of the Mishna fulfills both conditions of the liability of the owner of the Bor. The 2nd case has only one of these conditions; the last case has none of these conditions & generates a new category of חיוב בור. We will begin our analysis of the controversy between Rebby Akiva & Rebby Yishmael. There are two interpretations of this מחלוקת: that of Rabba & that of Rav Yosef. Whereas Rabba assumes that the creation of a Bor in a public domain is undeniably a Bor, Rav Yosef assumes that a privately owned Bor is undeniably a Bor. Each quotes a supportive verse.
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