Thursday, November 23, 2006

Our Shiur's Upcoming Bechina: This Was Composed by a Va'ad of Six Talmidim Themselves. I could never have made it myself!

בחינה בעיון

Section I: Answer all questions

1.) How does גלל imply שן according to the 2 explanations of רש"י and the explanation of תוס'?

2.) Why, according to רש''י and תוס', can one not learn both מכליא and לא מכליא קרנא from just ''ושלח'' and say that if you can’t be לא מכליא קרנא that קל וחמר you can't do מכליא קרנא?

3.) What is רע"א's question on רש"י and תוס' (see question 3)? Give two answers to his question.

4.) List two of the three questions that תוס' ד''ה לא י' כתיב asks on רש''י.

5.) How does the גמרא learn that you are חייב by שן if לא מכליא קרנא? Why don't we learn it the opposite way? (State the answer of תוס' and the 2 answers of the רשב"א). Explain the נקודת המחלקת between the רשב"א and תוס'. State another hypothetical answer based on a רשב"א earlier in the פרק.

6.) What are the two סברות for מקשינן לחומרא? Which does the רמב"ם hold, and why?

7.) What would we learn from ושלח and ובער if there was no פסוק of משלחי רגל השור והחמור? What if there was no פסוק of כאשר יבער הגלל עד תומו?

Section II: Explain what type of case this is (with respect to our גמרא). What would be the הלכה (including how much the מזיק pays if at all) according to all שיטות? List the סברות for each of these שיטות. If there are different cases within the question that lead to different הלכות, list them. Remember to answer this fully.
(Note: all names are generic and do not refer to anyone specifically).
(Note: None of these questions are "trick questions." However, you will need to use the following to answer these questions: מחלקת על מכליא קרנא, רש"י vs. רמב"ם, רב vs. שמואל, חלקת יואב, ספק of רבא, סמ"ע vs. ט"ז, תלמיד רבינו תם vs. רמב"ם, רשות הרבים לגבי הנזיקין).

1.) ראובן carelessly leaves his baseball bat and ball in the street. שמעון's cow (whose name is Bessie, and who is worth $500) tripped over the bat and fell onto the ball. Bessie was damaged by this ball. Now Bessie is worth $430.

2.) יצחק's animal chews up a few pieces of יעקב's high-quality grain worth $100, and spits it out. Now the fruit is worth $2. The fruit will grow back, but in medium quality.

3.) לוי's ox takes a bite out of יהודה's ox. יהודה's ox quickly jumps away, and is worth $100 less than he was before. לוי's ox goes on to לוי's fruits and eats a bit of them.

4.) יששכר's שור that is worth $80 goes on a rampage. It gores זבולון's שור, causing $100 worth of damage. It then charges into דן's property and some dust and stones fly out on his property from the שור and damages דן's dog, which had previously been worth $250 and is now worth $200. יששכר's שור then promptly jumps off a cliff and dies.

5.) A meteor falls on the ground and makes a 10 טפחים deep pit. גד decides to sharpen the surface at the ground, making pit more dangerous to fall into. אשר's $1000 שור falls in and dies.
[Hint: If a שור מועד gores another שור and it falls into the pit, the owner of the שור and the owner of the בור split the damage. (If it was תם, then the owner of the שור pays ¼ and the owner of the בור pays ½). If the original שור was הפקר, then the owner of the בור pays ½ of the damage and that's all the ניזק gets.)

6.) אברהם is sick and extremely contagious. He touches a pot of meat in front of the germ-conscious cook, who now refuses to serve those meats (which are worth $150).

7.) משה's שור chews up a piece of אהרן's high-quality grain worth $200, and spits it out. Now the grain is worth $2. The fruit will grow back, but in medium quality. אהרן takes the spit out food, puts it on top of his roof, and it falls into a רשות הרבים, where יוסף's animal which was worth $300 slips on it and smacks its face on the ground. Now it is only worth $200. דוד's cow (which is worth $75) comes and rubs against the יוסף's cow and damages it. Now יוסף's cow is only worth $100. דוד watched this in amazement, as this is the first time his animal ever damaged anyone.

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