123 shiurim on Parshas Toldos
Showing 123 shiurim
Why is one liable for all injury damages from a bor kol shu (less than 10 tefachim) but exempt from death? The shiur develops that nezikim liability requires paying for actual damage caused, while misah liability is fundamentally different—it requires replacing the entire animal. A bor kol shu creates responsibility for injuries but isn't sufficient for the replacement obligation that death entails.
The Gemara asks why yoshein (sleeping damage) is a tolda rather than an av. The shiur develops a bold reading of the Rambam: the only true av of adam is geneiva, which requires both physical action and intelligent intent (machshava to acquire). All other forms of damage—yado, gufo, yoshein—are merely toldos because they involve only physical action without the full engagement of human intelligence.
