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Gemara Notes 41- 42

Gemara Notes 41 - 42

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Gemara Notes 41-42

How did the animal fall?

רב כהנא אמר:It slipped on its urine

רבא אמר:Another animal pushed it

What would each opinion hold about the other one’s?

He is פטור for the animal slipping, BUT NOT for an animal being pushed in, because he should have led the animals one by one

If he is פטור when another animal pushed it, then he is FOR SURE for the animal that פטורslipped on its urine

Gemara Notes p. 41

דף נח עמוד א

:אמר רב כהנאThe owner of the animal is only פטור from paying for what the animal ate in the row that it fell onto. But if it went to another row and ate there, he has to pay for the full damage

ורבי יוחנן אמר:Even if it was there all day eating, the owner of the animal only has to pay for what he benefited. This applies until the animal gets out and returns again due to some new negligence

:אמר רב כהנאThe owner of the animal is only from paying for what the פטורanimal ate in the row that it fell onto. But if it went to another row and ate there, he has to pay for the full damage

אמר רב פפא:

really means that as long as it left רבי יוחנןwith the owner’s knowledge, he becomes if it goes back again, even if he חייבguarded it properly

What is the reason?

Because the owner of the garden can say:

“Once it knows about my garden, it will come

there every time it escapes. Now you have an

extra responsibility to guard it from coming.”

ורבי יוחנן אמר:Even if it was there all day eating, the owner of the animal only has to pay for what he benefited. This applies until the animal gets out and returns again due to some new negligence

מאי טעמא

What is the reason?

Because the owner of the garden can say:

“Once it knows about my garden, it will come

there every time it escapes. Now you have an

extra responsibility to guard it from coming.”

מאי טעמא