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Why does the Gemara (גמרא) need a kal v'chomer to establish that one who damages hekdesh must pay beis din (meita)? The shiur develops a fundamental distinction: payments to a hedyot (individual) are a chov—a debt obligation arising from the victim's loss—while payments to hekdesh are a mitzvah (מצוה) dikeidin, a divine obligation to pay without an underlying debt. This explains why keren (tam) is exempt from hekdesh while other mazikin are liable, and resolves the Gemara's complex reasoning.
The shiur opens with the Gemara (גמרא)'s question on Rabbi Akiva's kal v'chomer regarding damage to hekdesh. Rabbi Akiva argues that if one damages hekdesh, one must pay from beis din (the highest quality land). The Gemara challenges: what case is Rabbi Akiva addressing? If it is nezek (keren damage), the pasuk "shor rei'eihu v'lo shor shel hekdesh" already exempts one from paying for keren damage to hekdesh. The Gemara suggests the case is harei alai mon li'vedek habayis—a self-imposed monetary obligation to hekdesh, where the gizbar collects beis din. Yet even here a pircha emerges: mala hedyot she-ken yofa koach b'nezikin—a hedyot has greater power in damages (since one is liable for all forms of damage to a hedyot), so how can we derive hekdesh from hedyot? The Gemara then proposes that Rabbi Akiva holds like Rav Shimon Ben Menasya, who says that if a shor of hekdesh gores a shor of hedyot, the owner is exempt, but if a hedyot's shor gores hekdesh, the owner is liable in full nezek (both tam and mu'ad). Tosfos points out that this implies Rav Shimon Ben Menasya holds adam hamazik hekdesh is also liable—otherwise the kal v'chomer would have a fatal pircha.
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Bava Kamma 6a
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