The Weekly Daf #3
Bava Kama 2-8
Week of 14 - 20 Adar 5754/25 February - 3 March 1994
By Rabbi Mendel Weinbach, Dean, Ohr Somayach Institutions

=========================================================================

A Man is a Man, Awake or Asleep

Should you suggest that just as there are different categories in regard to 
damages caused by a man's property due to his negligence so too are there 
two categories of damages caused by man himself, those caused while he is 
awake and those caused while he's asleep, we are taught otherwise by the 
Mishna which declares:   "Man is always responsible for his actions, 
whether awake or asleep."
Bava Kama 3b


It is man's nature to cause damage (to vessels at his side or by his feet) 
while he is sleeping because it is expected that he will expand and 
contract his body (and this stretching will lead to the breaking of those 
vessels).
Bava Kama 4a

The Jerusalem Talmud adds that a sleeping man is responsible only when he 
lies down next to the vessels, but if others place the vessels next to him 
while he was sleeping he will not be responsible for their breakage since 
it was they who set up the damage. Similarly, if one lies down next to a 
sleeping man and they hurt each other in their sleep the first is blameless 
and the second one responsible.
Tosefos

=========================================================================

Being Right is Not Enough

If Reuven sells a field to Shimon on the condition that he will not have to 
compensate him should the field be confiscated by Reuven's creditor (whose 
lien predates the sale and gives him a lien on Reuven's property), Reuven 
can go to court to contest the claim being made by the creditor.  He cannot 
be dismissed on the grounds that he is not a party to the case (since he 
will not be responsible for compensation) because he can say to the 
claimant: "I do not want Shimon to have a complaint against me."
Bava Kama 8b

This teaches us an important lesson in human relations: how important it is 
to avoid a situation in which one is legally covered but still morally 
responsible for the harm caused to another. The need to avoid such a 
complaint is considered  of sufficient substance to make him a party with a 
vested interest in the outcome of the case.
=========================================================================

Ohr Somayach Institutions is proud to present:

	LIVING INSPIRED:  by Rabbi Dr. Akiva Tatz
	An excerpt from the best-selling book

Living Inspired, is based on a number of Rabbi Dr. Tatz's lectures. In it, 
he uses his unusual powers of analysis to reveal some of the underlying 
patterns of Torah thought and experience, and shows how these can 
illuminate our daily life. His stated goal: to make the deeper levels 
manifest and provide a guide to inspiration.  

This file is available from the following sources:
o	The Jerusalem1 Gopher under the heading "Religious Institutions" 
	and the sub-heading "Ohr Somayach"
o	CompuServe Religion Forum, Judaism Library (2), filename TATZ.TXT
o	Sent via E-Mail for those without access to one of the above.  
	This service is available only through 03-MAR-94.  Send your 
	request to newman@jerusalem1.datasrv.co.il  To speed processing, 
	set your subject to "TATZ Request" and do not include any other 
	topics in your message.

=========================================================================

Ohr Somayach produces four lists:
weekly     - summary of the parshas hashavua.
parasha-qa - questions and answers to the parshas hashavua.
ask        - Ask the Rabbi Column.
dafyomi    - Rav Mendel Weinbach's insights into and comments on the seven
             pages of Talmud studied this week.

To subscribe to any of these lists, send the message:
	subscribe {listname} {firstname} {lastname}
to:	listserv@jerusalem1.datasrv.co.il

This address is only for SUBSCRIPTIONS.  If you have any comments, 
questions and suggestions, we'd love to hear them!  Send them to:
	newman@jerusalem1.datasrv.co.il

Compuserve Members:  You MUST preface all addresses with     INTERNET:

=========================================================================
   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
=========================================================================