Wednesday, December 31, 2008

Baba Kama 4a - Adam HaMazik: Damaging in your sleep

Tosafos quotes from the yerushalmi that even though a person is chayev for damages that he does while sleeping, that is only if he goes to sleep near keilim so he was somewhat negligent by going to sleep there. But if someone only brought the keilim after he fell asleep and he damaged them, he is patur. The Maharatz Chiyus points out a machlokes between Tosafos and Nemukei Yosef, exactly why is he patur? Tosafos writes "they caused it". Meaning, we don't hold the sleeping damager responsible since someone else caused the damage by putting the keilim there. The primary liability and responsibility for the damage is the person who put it there (but he is probably exempt because of grama), which removes responsibility from the sleeping mazik. Based on Tosafos the rationale to be patur is not "o'nes", rather it is that we don't consider the person who damaged to be the cause of the damage. However, the Nimukei Yosef says that he is patur becaue he is o'nes. Based on this, the maharatz chiyus asks, why does the rambam write that if one's life is threatened unless he takes money from his friend, he is responsible for taking the money. Why don't we exempt based on the claim of o'nes? The Shach makes a distinction between a case where one damages unintentionally to one who damages due to o'nes of his life being threatened. Whenever the action is done with intent, even though he was under duress, he is liable. But when he is sleeping, the action is not done with any intent so he is patur.
This sevara is similar to the concept of mis'asek. When one does a mitzvah and has no intent for the action that he is doing, it doesn't count. For example, if he would be trying to clean out a shofar by blowing through it and it made a sound, even if mitzvos don't need kavana, he isn't yotzei. But if he had intent for the action that he is doing, just that he is forced to do it, the gemara in rosh hashana 28a (kaf'uhu parsi'yim) is clear that according to the opinion that mitzvos don't need kavana he would be yotzei.

1 comment:

shriram sharma said...

your blog page is pretty good and ranking awesome in the google i Really like it Thank you so much

Shopping - Shopping Exclusive Silver Jewellery with Diamond, Precious & Semi Precious Gemstones.

Exclusive Silver Jewellery with Diamond, Precious & Semi Precious Gemstones.

Online Shopping
- Jewellery
World Class Silver, Gold & Diamond Jewellery collection available for Online Shopping & Auctions. Rings, Earrings, Pendants, Bracelets & Necklaces in modern designs.
Sapphire Jewellery - Sapphire Jewellery Embrace the modern glamour of this extra-ordinary collection of Dazzling Sapphire jewellery highlighted with Gold & Silver. Available for Online Auction & Bidding.

Diamond Jewelry
- Diamond Jewelry
Gorgeous collection of Sparkling Diamond Jewelry is available for aesthetic appeal in everydays life. Bid online & and add class to your wordrobe.

Diamond Earrings
- Diamond Earrings
Luxurious Diamond jewellery embedde in various forms of Gold, like- Yellow, White & Rose Gold is available for online shopping . Add charm to your royalty!

Silver Rings
- Silver Rings
Enormous collection of Silver Pendants designed with Diamond & Gem stones. Available for Online auction & Bidding just to meet your style.

Gemstone Jewellery
- Silver Rings
Finest jewellery designs featuring Diamond, Gold, Silver & Gemstones are available for online auction & bidding.

Birthstone Jewellery
- Diamond Jewellery
Sparkling American Diamond Jewellery boast in Gold & Silver is available for online auction at genuine price with great quality.

Gold Jewellery
- Silver Jewellery
Widest Collection of Gorgeous Tanzanite Jewellery embedded in Gleaming Gold & Silver is available for shopping & online Auction

Jewellery Shopping
- Jewellery Auctions
Eternal Collection of latest Jewellery featuring Diamond, Gem Stones, Gold & Silver is available for Online Shopping

Bridal Jewellery
- Jewelry
Exclusive Gold jewelry with Diamond, Precious & Semi Precious Gemstones.