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Is keren mechuberes (goring while mating) treated as tam (paying half-damages) or muad (paying full damages)? The Gemara (גמרא) says "kulo muedes," which Rashi (רש"י) understands as actual keren muad, while Tosafos (תוספות) reads it as a new category learned from multiple sources. The shiur analyzes the Rashba's multi-layered approach and the Chasam Sofer's insight that muad carries a unique issur shemirah—a prohibition on keeping something dangerous—independent of payment.
The shiur delivers a deep analysis of Bava Kamma 2b, focusing on the Gemara (גמרא)'s statement that keren mechuberes (an animal that gores while mating) is "kulo muedes"—obligated to pay full damages from the first incident. Rabbi Zweig examines the fundamental dispute between Rashi (רש"י) and Tosafos (תוספות) regarding how to understand this Gemara and what its implications are for liability, shemirah (guarding obligations), and the issur (prohibition) underlying damages. Rashi reads the Gemara literally: keren mechuberes IS keren muad. The Gemara uses the term "urchei," which elsewhere in the Gemara means keren muad, and Rashi understands that the Torah (תורה) assigns the status of muad to this behavior from the outset. This means full liability (nezek shalem) in both reshus hayachid and reshus harabim, just like any other keren muad. The shiur demonstrates this from a later Gemara that uses the word "urchei" to mean keren muad explicitly.
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Bava Kamma 2b
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