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When a tolda damages less frequently than its av, does it carry the same liability? The shiur develops a conceptual approach: the Gemara (גמרא)'s shaila turns on whether "less frequent" means unanticipated (chatsi nezek) or still anticipated enough (nezek shalem). Keren's resolution—kavanah l'oseh et ha'hezek—redefines what makes something a mazek and shapes the answer for all avos.
The shiur opens with the Gemara (גמרא)'s foundational question on Bava Kamma 2a-2b: tolda sen ki yotze bahen—is a tolda like its av, or not? Rashi (רש"י) frames the issue as whether a tolda is entirely patur from payment (which Rabbi Zweig challenges immediately: if patur, why call it a tolda at all?). The shiur proposes instead that the question is whether there exists a chiyuv shemirah—an obligation to guard—even when no payment is owed, similar to gerama b'nezikin. The Makkos D'Olam's kasha is introduced: if the Mishna can derive one av from another through a tzad hashaveh, how could there ever be a question whether a tolda—which is closer to its av than one av is to another—should not follow the same din? Rabbi Zweig notes that the Rif's approach attempts to answer this, but a series of four sharp kashas on the Rif emerge. First, the shaila seems freestanding—why does the Gemara need fifteen lines dragging in avos hatumah to show that toldos can differ? Second, the Rif ties the entire question to the debate over chatsi nezek—whether it is knas or mamon—but this chiluk only exists by keren; why should it define the shaila for all avos? Third, if Rav Papa holds later (daf 16a) that chatsi nezek is mamon, then according to the Rif the shaila collapses entirely, making the Rif's approach a tremendous doichek. Fourth, the Ri (cited by the Rosh) himself says that logically, a tolda should be dome b'chol tzad to its av—so how can the Rif claim the reverse, that finding a chiluk in one av creates a shaila across all toldos?
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Bava Kamma 2a-2b
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