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Why are matamei, midamei, and manasech counted as separate avos nezikin when they all involve hezek she'eino nikar? The shiur examines whether Rav Chiya holds hezek she'eino nikar is a real nezek or only a kenas d'rabbanan, analyzing Rashi (רש"י)'s position that the Chachamim structured these kenasos to function within the framework of makeh behema yeshalmenah, making them subject to meitav like true avos.
The Gemara (גמרא) presents Rav Chiya's list of twenty-four avos nezikin, including matamei (making someone's teruma tamei), midamei (mixing teruma into someone's chulin), and manasech (pouring wine as a libation to idolatry). Rashi (רש"י) notes that these three are not explicitly written in the Torah (תורה) but are included in the category of nezek based on the pasuk "makeh behema yeshalmenah." A fundamental question arises regarding the case of manasech. The Gemara in Gittin discusses whether manasech refers to pouring yayin nesech into kosher wine (ma'ariv) or actually offering wine as an idolatrous libation (literally destroying the wine). Rav holds it means actual nisuch (libation), while Shmuel holds it means ma'ariv (mixing). The difficulty with ma'ariv is that if you add yayin nesech to someone's wine, you haven't technically caused a monetary loss—the wine can still be sold to a non-Jew for its original value minus the yayin nesech component.
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Bava Kamma 4b
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