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Does damage through tzaros (pebbles kicked up) obligate nezek shalem or chatzi nezek? The Gemara (גמרא) explores whether tzaros is a toldah of karen (direct damage) or regel (walking damage), turning on whether there's shinui (change) and whether kocho (indirect force) is considered gufo (the body itself). Rashi (רש"י)'s two pshatim suggest that shame (eating/benefit damage) cannot produce tzaros, since shame requires direct hana'ah from the damage—a fundamental insight into tort categories.
The shiur examines a fundamental sugya in Bava Kamma 18a-19a concerning the nature of tzaros (damage caused by pebbles kicked up by an animal) and whether it is classified as a toldah of karen (direct damage) or regel (walking damage). This classification determines whether one pays nezek shalem (full damage) or chatzi nezek (half damage). The Gemara (גמרא) presents a machlokes between Rav Yehuda, who says nezek shalem, and Rav Elazar, who says chatzi nezek. Rabbi Zweig begins by noting that Rashi (רש"י) offers two fundamentally different pshatim in understanding the Gemara's question "yesh chov l'nezikin o ein chov l'nezikin" (is there obligation for damages or not). According to Rashi's first pshat, the question is whether there is a shinui (change/deviation) in tzaros. If there is a shinui, then tzaros might be considered similar to karen, warranting full payment. If there is no shinui, it remains ordinary regel with no special liability. According to Rashi's second pshat, there is no shinui at all, and the entire question revolves around a different axis entirely.
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Bava Kamma 18a-19a
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