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Why is "karoi" (digging out a pit) different from "poseiach" (uncovering a pit) when both create the same hazard? The shiur develops a fundamental distinction: poseiach creates a duty of shmirah, while karoi is an act of mazik itself, establishing a higher level of responsibility. This yesod explains the mechilta's kal v'chomer and resolves the Maharsha's fundamental question about ein on shmin hadin.
This shiur delivers an intensive analysis of the principle of ein on shmin hadin in the context of bor (pit liability), focusing on the Maharsha's devastating question on Bava Kamma 2a and the Tosafos (תוספות) found there. The fundamental issue revolves around understanding when a kal v'chomer is considered ein on shmin hadin (we do not punish based on logical inference alone). Rabbi Zweig begins by establishing Tosafos's position that the mechilta is limited to bor and eish, holding that these categories are ein on shmin hadin. The Piskei Tosafos indicates this is because bor is not simply "your money" causing damage—it represents a different getter (category) of liability. This raises immediate questions, particularly from Tosafos on daf shin nadin regarding adam momin, where even by kenas (penalty), the principle of asher yashim Elokim applies and a kal v'chomer from shin momin nadin is permitted.
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Bava Kamma 2a
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