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Why is one liable for a tied goat but exempt for a tied servant when fire damages both? The shiur develops a fundamental distinction in kam lei b'derabbah: when it stems from rodef (pursuer) status it only exempts the ketzitza (arrow-like) liability but leaves the mamon (property damage) obligation intact, whereas when it stems from a chiyuv misah (capital punishment) it functions as a full payment that exempts all monetary obligations arising from the same act.
This shiur presents a detailed analysis of the Rambam (רמב"ם)'s position on the Mishna in Bava Kamma 22b concerning liability when fire damages both a tied goat (gedi kafus) and a servant (eved). The central tension addressed is Rabbeinu Tam's fundamental question: if eish (fire) is considered mishum chitzav (like an arrow) according to Rebbe Yochanan, then there should be no din of tam and mu'ad (first-time versus repeat offender status), so what novelty does the Mishna teach? Rabbeinu Tam resolves this by introducing a wall (mechitzah) between the goat and the servant, creating a kol b'chitzo situation where the fire travels through an intermediary barrier. This makes it purely a monetary obligation without the complexities of tam and mu'ad. However, Rabbi Zweig notes that the Rambam's language suggests a different understanding—the Rambam lists "gedi kafus lo v'eved samuch lo" (tied goat and nearby servant) in the first case, and reverses the order in the second case, suggesting no wall is present.
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Bava Kamma 22b
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