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When a servant or woman causes damage without money to pay, who is liable—the owner or husband? The shiur analyzes Bava Kamma 3b-4a, examining the Gemara (גמרא)'s proof from eved v'amah that kavanah lo hazak creates exemption, and explores a fundamental tension in the Rambam (רמב"ם) between the laws of geneivah and nezikin regarding when the obligation to pay arises.
The shiur continues analyzing the Gemara (גמרא)'s discussion on Bava Kamma 3b-4a regarding kavanah lo hazak (intention to damage). The Gemara initially suggested that kavanah lo hazak should exempt an owner from liability because it is comparable to oness (unavoidable circumstances), similar to kashas hashomeir (difficult to guard). However, the Gemara then reverses course, presenting kavanah lo hazak as grounds for liability rather than exemption. To resolve this, the Gemara brings proof from the din of eved v'amah (servant and maidservant). The Mishna states that if an eved causes damage, the master is exempt from paying, yet the eved himself is liable—though he currently has no money to pay. Once freed or once the woman is divorced or widowed, they must pay. Rashi (רש"י) explains that the master's exemption is based on kavanah lo hazak: the servant acts with intention to damage, which the owner cannot control. This proves that kavanah lo hazak is grounds for exemption from liability, contradicting the suggestion that it should increase liability.
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Bava Kamma 3b-4a
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