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Can the four categories of damages in the Mishna be derived from one another? The shiur analyzes Tosafos (תוספות)'s treatment of whether ein on shen momin hadin applies—whether damages that carry a hint of punishment can be learned through kal vachomer. The resolution hinges on whether the Mishna refers to property (your money causing damage) or non-property damages, with Tosafos ultimately leaning toward the Mechilta's position of ein on shen momin hadin.
This shiur provides an in-depth analysis of Tosafos (תוספות) on Bava Kamma 2a, focusing on the principle of ein on shen momin hadin—whether certain categories of damages can be derived from others through kal vachomer. The discussion centers on a fundamental tension between the Bavli's Mishna and the Mechilta regarding this principle. The Gemara (גמרא) presents a question: if the four primary categories of damages (shor, bor, mava, and eish) share common elements, why can't we derive one from another? The Mechilta states ein on shen momin hadin—you cannot learn damages through kal vachomer—while the Mishna seems to suggest otherwise. Tosafos grapples with this apparent contradiction.
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Bava Kamma 2a
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