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When does a baal habayis create the ma'aseh that makes him liable for damages? The shiur analyzes whether the chiyuv shemirah means taking precautions to prevent damage before it begins, or stopping damage once it's already in progress. Bava Kamma 3b-4a's discussion of keren versus shen drives a fundamental chakira in what "failing to watch" means.
This shiur delivers a deep analysis of the Gemara (גמרא) in Bava Kamma 3b-4a, focusing on the fundamental question of what constitutes the chiyuv shemirah that creates liability for damages. The central tension explored is whether a person's obligation to watch his animal means he must take precautions to prevent damage before it occurs, or whether it means he must stop damage once the animal has already begun the process of causing harm. The Gemara begins by asking why the Torah (תורה) needs to write both keren (goring) and shen (eating). Rashi (רש"י) explains that if the Torah only wrote keren, one might think shen is patur because the animal is dachuk (pressed by hunger) and therefore difficult to watch - it's similar to an ones (unavoidable accident). Tosafos (תוספות) develops this logic: shen has no kavanah l'hazik (intent to damage) and is harder to watch because the animal is constantly seeking food, whereas keren is kavana l'hazik and therefore theoretically easier to prevent through proper handling of the animal.
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Bava Kamma 3b-4a
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