The Weekly Daf #6 Bava Kama 23-29 Week of 6 -12 Nisan 5754/18-24 March 1994 By Rabbi Mendel Weinbach, Dean, Ohr Somayach Institutions ========================================================================= The Range of Responsibility RULE ONE: A person is responsible for the damage he causes voluntarily or involuntarily. Bava Kama 26a RULE TWO: A person who breaks a vessel placed by another in the street is not responsible for the damage _ either because it was too dark for the vessel to be visible, or because it was placed at a corner where it could not be noticed in time by someone turning that corner. Bava Kama 27b The Problem: Rule Two suggests that a person has no responsibility for damage he causes involuntarily, which seems to be in conflict with Rule One, that he is indeed responsible for such damage. The Resolution: Causing damage unintentionally does not necessarily mean that there is no negligence involved. Rule One deals with situations in which there is some measure of negligence, and therefore responsibility for damage caused. Rule Two deals with situations that are totally beyond human control, and therefore free the unintentional damager from responsibility. Tosefos ========================================================================= Responsibility to Others You place a vessel in the street. Someone comes along in the dead of night, breaks it, and cuts himself on the pieces. He is not responsible for breaking the vessel (See above). You are responsible for the damage he suffers. Mishnah 27a There is a difference in the Talmud's approach to your responsibility and his that establishes an important principle _ a person is required to be more careful to avoid causing harm to others than he is in protecting himself from harm. Tosefos ========================================================================= Ohr Somayach Institutions is proud to present: THE MALBIM HAGGADAH, Overview Targum/Feldheim. Jerusalem 1993. "[...] A little known edition of this famous commentary, printed in 5654 (1894) and only recently rediscovered, includes a remarkable essay which reveals the secret of the structure of the Haggadah, a puzzle which has challenged generations of scholars. This essay, entitled Maamar Yesod Mosad, A Statement of the Fundamental Principle [of the Haggadah], has been translated and adapted as the Overview." This file is available on the Jerusalem1 Gopher. ========================================================================= Spend this coming Summer in Israel for as little as $599 -> JLE Israel Summer Seminar '94 <- 6 weeks of study and touring (June 1 - July 17) for Jewish men between the ages of 19 and 30 with demonstrated academic achievment and a sincere motivation to explore their roots. Minimum scholarship price: $599 (for round trip ticket, room, board, tuition and tours) For information: o send E-Mail to Rabbi Zalman Corlin o from the U.S. call toll-free 800-431-2272 (212-344-2000) o Outside N. America, send E-Mail to: newman@jerusalem1.datasrv.co.il ========================================================================= Jewish L EEEEEEEE Prepared by Ohr Somayach Institutions J L E 22 Shimon Hatzadik Street, POB 18103 J L Exchange Jerusalem 91180, Israel J J L E Tel: 02-810315 Fax: 02-812890 JJJJ Learning EEEEEEEE Internet: newman@jerusalem1.datasrv.co.il ========================================================================= Bava Kama 23-29 For the week of 6 -12 Nisan 5754/18-24 March1994 The Weekly Daf is available on InterNet. To subscribe, send the message "sub dafyomi {firstname} {lastname}" to listserv@jerusalem1.datasrv.co.il This publication contains words of Torah. Please treat it with due respect. Do not let this land on a garbage heap. Issue #6