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Why does the Mishna say "Arba Avos Nezikin" instead of listing them with "hein"? The shiur examines a fundamental question: does the Mishna enumerate four types of damagers or four categories of damages? Through Tosafos (תוספות), Rambam (רמב"ם), and Chinuch, Rabbi Zweig shows that according to the Rambam, shen, regel, and aish are all adam hamazik—a person damaging through his property—not separate damagers, making the list fundamentally about liability categories rather than distinct damaging agents.
The shiur opens with Tosafos (תוספות)'s question on the Mishna's formulation. The Mishna states "Arba avos nezikin" without the word "hein," unlike later mishnayos that say "arba avos shomrim hein." Tosafos struggles to find a satisfactory answer, suggesting this opens the door for other rishonim to provide explanations. The shiur then analyzes Tosafos's difficulty with the order in the Mishna. According to the Gemara (גמרא), the order follows the parsha. Rav holds that "mav" means adam (man), encompassing all acts of human damage. However, according to Rav Hoshea and Rav Chiya, who learn the Mishna like Rav but distinguish between adam who damages property versus adam who damages people, the placement of "mav" (adam) in the Mishna becomes problematic. If the Mishna refers to adam who damages property, the pasuk for this is "makeh behemah yeshalemena" in Parshas Emor, not in Parshas Mishpatim where it should be according to the order.
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Bava Kamma 2a
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