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Why does keren mechubar (a goring ox attached to the ground) require full payment from the outset? The Gemara (גמרא)'s svara that it's more chamur than keren tlusha raises fundamental questions. The shiur works through the Rashba's two-stage approach: first, that safek nezikin l'chumra creates a stricter shemirah obligation (like lo sasim dam beveisecha), and second, that this transforms the nature of tashlumin itself—from compensating damage to atoning for violating a shemirah requirement.
This shiur undertakes a detailed analysis of Bava Kamma 2b, focusing on the Gemara (גמרא)'s treatment of keren mechubar (an ox attached/tied while goring) and the fundamental question of why it pays full damages (nezek shalem) from the first incident, unlike keren tlusha (a loose ox) which pays only chatzi nezek until it becomes muad. The Gemara brings two sources—one from a pasuk and one from the law of bechor shor—and concludes with a svara that keren mechubar is more chamur than keren tlusha. The shiur begins with Rashi (רש"י)'s approach, which appears to learn that keren mechubar has the status of muad from the outset. Rashi states "al mechubaras d'orchihu ei mekulu moed es afilu b'tchila meshalem nezek shor," suggesting that the payment of nezek shalem indicates it is considered keren with muad status from the beginning. However, Rashi does not explicitly address where we learn the actual chiyuv of payment—does it come from shen v'regel (tooth and foot), from bor (pit), or from some other source?
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Bava Kamma 2b
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