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@YisroelKatz posted on Tue Jan 17, 292 days ago

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בס"ד
THERE WAS ONCE A CERTAIN MAN WHO BORROWED A CAT FROM HIS FRIEND TO CHASE AWAY MICE. IT HAPPENED, HOWEVER, THAT THE MICE UNITED AGAINST [THE CAT] AND KILLED IT. RAV ASHI SAT AND INQUIRED - IN SUCH A CASE, WHAT IS THE LAW, THAT IS, IS IT LIKE THE CASE OF AN ANIMAL THAT DIED ON ACCOUNT OF ITS WORK, OR NOT - RAV MORDECHAI, WHO WAS PRESENT, SAID TO RAV ASHI - THUS SAID AVIMI FROM HAGRONIA IN THE NAME OF RAVA - REGARDING A MAN WHOM WOMEN OVERCOME AND KILL, THERE IS NO JUDGEMENT AND NO JUDGE (I.E. THERE IS NO REDRESS).
THERE ARE SOME WHO SAY THAT [THE CAT] ATE A GREAT MANY MICE AND BECAME OVERHEATED AND DIED. RAV ASHI SAT AND PONDERED [THE INCIDENT] IN SUCH A CASE, WHAT IS THE LAW (I.E. WHOULD THE CAT'S DEMISE BE CONSIDERED A WORK-RELATED DEATH) RAV MORDECHAI, WHO WAS PRESENT, SAID TO RAV ASHI - THUS SAID AVIMI FROM HAGRONIA - REGARDING A MAN WHOM WOMEN OVERCOME AND KILL, THERE IS NO JUDGEMENT AND NO JUDGE (I.E. THERE IS NO REDRESS)
ההוא גברא דשאיל שונרא מחבריה חבור עליה עכברי וקטלוהו יתיב רב אשי וקמיבעיא ליה כי האי גוונא מאי כי מתה מחמת מלאכה דמי או לא אמר ליה רב מרדכי לרב אשי הכי אמר אבימי מהגרוניא משמיה דרבא גברא דנשי קטלוהו לא דינא ולא דיינא איכא דאמרי אכיל עכברי טובא וחביל ומית יתיב רב אשי וקא מעיין בה כהאי גוונא מאי אמר ליה רב מרדכי לרב אשי הכי אמר אבימי מהגרוניא גברא דנשי קטלוהו לא דינא ולא דיינא
I.E PERHAPS THE BORROWER DID NOT ACT IN ACCORD WITH THE TERMS OF THE LOAN IN STATIONING THE CAT IN A PLACE SO OVERPOPULATED BY MICE, AND THUS IS LIABLE (TOSAFOS, TOS. HAROSH). THE POINT OF RAVA'S METAPHOR IS THAT THE MAN'S DEATH WAS TOTALLY UNEXPECTED, SINCE UNDER NORMAL CIRCUMSTANCES HE WOULD HAVE NEVER FALLEN PREY TO MEMBERS OF THE WEAKER SEX
(רש"י RASHI)
RAVA THUS TEACHES THAT THE BORROWER NEED NOT HAVE ANTICIPATED THAT EVEN MANY MICE WOULD OVERCOME AND KILL THE CAT. HENCE, SINCE THE BORROWER WAS NOT NEGLIGENT, THE CAT'S DEMISE CLEARLY QUALIFIES AS A WORK-RELATED DEATH, FOR WHICH THE BORROWER IS EXEMPT FROM LIABILITY
(RITVA)
I.E. A MAN WHOSE DEATH WAS CAUSED BY AN OVERINDULGENCE IN SEXUAL ACTIVITY
(רש"י RASHI)
THE POINT OF AVIMI'S METAPHOR IS THAT THE MAN'S DEATH WAS TOTALLY UNCOMMON AND UNUSUAL. AVIMI THUS TEACHES THAT THE BORROWER NEED NOT HAVE ANTICIPATED THAT THE CAT WOULD FALL VICTIM TO ITS APPETITE FOR MICE. HENCE, THE CAT'S DEMISE CLEARLY QUALIFIES AS A WORK-RELATED DEATH, FOR WHICH THE BORROWER IS EXEMPT FROM LIABILITY
(RITVA, CF. INTERPRETATION OF RABBEINU CHANANEL, CITED IN SHITAH MEKUBETZES)
THE AUTHORITIES DISCUSS WHICH OF THE TWO VERSIONS OF THIS TALE INVOLVES THE MORE NOVEL RULING. IN THE SECOND VERSION, THE CAT'S DEATH WAS NOT REALLY DIRECTLY RELATED TO ITS WORK. SMA, HOWEVER, CITES RASHBA, WHO INDICATES THAT THE FIRST VERSION INVOLVES THE MORE NOVEL RULING.
(CHOSHEN MISHPAT 340, SMA § 8, AND SHACH § 6)
בבא מציעא צז
דף יומי
BAVA METZIA 97
DAF YOMI

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