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Why does the Torah (תורה) write both keren and shen, and how does this define the chiyuv shemirah? The shiur analyzes Rashi (רש"י) and Tosafos (תוספות)'s approaches to whether shemirah means preventing damage through early precautions or stopping damage once the animal is already in the act of causing hezek. The answer to this question reshapes the din of eved v'amah's kavanah lehazik.
This shiur on Bava Kamma 3b examines a fundamental machlokes in understanding the nature of chiyuv shemirah. The Gemara (גמרא) asks why the Torah (תורה) needs to write both keren (goring) and shen (eating), and the ensuing analysis leads to a profound debate about what constitutes the owner's obligation of watching his animal. Rashi (רש"י) explains that by keren it's harder to watch because the animal has yesh hanol hazeika (nature to damage), while Tosafos (תוספות) elaborates that keren involves kavanah lehazik (intent to damage) and is therefore ein yachol lishomer kolkach (very difficult to watch). The apparent contradiction emerges when the Gemara initially suggests shen is harder to watch because of its hanol hazeika, but then reverses and says keren is harder to watch. This seeming double-talk demands resolution.
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Bava Kamma 3b
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