A free account is required to play audio and download files.
No community start suggestion yet.
Why does the Rambam (רמב"ם) rule yeruli that one is liable twice for two toldos of different avos, when the Gemara (גמרא) in Bava Kamma seemingly never addresses this case? The shiur explores Rabbeinu Avrohom's approach that the Gemara discusses only two forms of the same principle, contrasted with the Kesef Mishneh's reading that the Gemara addresses two different principles. A fundamental question emerges: how can av and tolda be liable only once when other cases of different forms (tamchui mechulak, guf mechulak) obligate twice?
The shiur opens with a detailed analysis of a Rambam (רמב"ם) in Hilchos Shegagos (7:4) that rules yeruli—seemingly without explicit Talmudic support—that one who performs toldos of two different avos b'helem echad is liable for two chataos. This ruling puzzles the commentators, particularly Rabbeinu Avrohom ben HaRambam, because the Gemara (גמרא) in Bava Kamma appears to address only the case of two toldos from the same av, not two toldos from different avos. Rabbi Zweig presents Rabbeinu Avrohom's fundamental approach to resolving this difficulty. Rabbeinu Avrohom suggests that the Gemara's discussion of "shnei avos" and "shnei toldos" does not refer to two entirely different principles (different avos melachos) but rather to two different forms of the same principle. When the Gemara says one is liable for "shnei avos," it means two manifestations of the same av—such as ofeh and mevashel (both forms of bishul), or notei'a and zorei'a (both forms of planting). Similarly, "shnei toldos" means two different toldos that are both derived from the same av but appear in different forms. The Gemara's havah amina was that different forms of the same principle obligate separately, and this was rejected. According to Rabbeinu Avrohom, the Gemara never actually discussed the case of two entirely separate principles (two different avos), and therefore the Rambam's ruling about two toldos from different avos remains yeruli—a novel statement not derived from this Gemara.
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 2a
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.