A free account is required to play audio and download files.
No community start suggestion yet.
When a dog takes burning coals and spreads a fire, who pays for the damage — the coal owner, the dog owner, or both? The Gemara (גמרא)'s answer ("he was guarding the coals") reveals a fundamental debate between Rashi (רש"י), the Rambam (רמב"ם), and the Raavad about fire liability, koach acher me'oravo, and whether esh is considered adam ha'mazik or mamon ha'mazik.
This shiur analyzes a complex sugya in Bava Kamma 23a dealing with a case where someone's dog takes burning coals (gachalot) and spreads them, causing fire damage in two places: where the coal is placed (makom ha'gacheles) and where the fire spreads further (makom acharon). The Gemara (גמרא) asks why both the owner of the coals and the owner of the dog shouldn't share liability for the entire damage (sha'ar ha'gadesh). The Gemara's answer is cryptic: "he was guarding the coals" (shomer gachalto). But this implies that if he was NOT guarding the coals (lo shomer gachalto), there should be joint liability. Rabbi Zweig demonstrates that the Rishonim read this answer in fundamentally different ways.
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Bava Kamma 23a
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.