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Auto-generated transcript. Not time-synced to the video.
we're going to be doing today's Kish in
a moment just making myself a
[Music]
coffee dark black Turkish
coffee that's what we
want how did I say we I don't know
you know there are opinions that
say that one should say the
blessing benefiting from the smell of
coffee um but since we don't necessarily
hold like that
opinion what some very meticulous people
do is take out
something like cloves for example which
I don't think I have over here
and that you can most definitely say the
blessing on and
then
they
will fulfill the potential obligation of
seeing the blessing on coffee by doing
it first on
cloves I'm getting a phone call which
I'll pick up so you won't hear anything
for the next minute or two
that was
another hello
hello
okay here we
are I have all my camera
equipment
in Florida
all right today's
comish that smells
good hopefully it will do the trick I
remember the last time actually I do
remember the last time I had some coffee
it was like two days ago before then I
don't remember the last time I had
coffee I try to not use it daily this
way when I actually do use it it
actually really
works
okay let's send the link to
T as I always
do
for for
okay are we
ready are we ready to
begin are we ready to begin
[Music]
M I don't know why but I feel
like I do
things the hard
way truth is that was that's not true I
don't think I do things the hard way I
feel like here and there certain things
like
this okay I'm so tired if you can't
tell I'm going to turn on this lamp
right here cuz I think it will look nice
it's a nice warm look
[Music]
okay
second reading of the Torah portion of
toise which can be found in Genesis
26 verse
7 so y settled in
G that was actually verse six now now we
go to verse
seven when the local people asked about
his wife he said just as AB my father
had
responded regarding Sor she is my sister
he purposely misled
them he said just as abam had responded
regarding
Sarah she is my
sister he purposely misled them because
he was afraid to say to them she is my
wife lest he thought to himself the
local people kill me on account of Rifka
because she is of good facial complexion
she was very
beautiful says
Rashi about his wife
so she didn't get abducted she wasn't
taking like oh okay a single girl who's
beautiful that's it let's take her to
the king no the king waited
around perhaps he had learned his lesson
since last time right
but unlike what par had done to Sarah
the king did not abduct Rifka at once
therefore after is had already been
there a long time he decided that he no
longer needed to be so
circumspect the king of the philistin
the the philistin looked out the window
of his Palace and caught sight of Y
gladdening his wife RKA in the course of
marital intimacy now it's explained that
of course
the way that conducted
themselves in their marital intimacy was
with the most modesty as befits such a
holy couple like our forefather and
forother Isaac and Rebecca but what a
saw was that the way they live together
in such privacy in such modesty is not
the way a brother and sister would be
living together this this means that
there must be something more going on
they must Behind These well um well
covered windows for example there must
be marital intimacy going on because of
course they are married so this is what
he figures out after some time as we
said
K says simply he saw him in the act of
marital intimacy but like I said I I
don't remember where I learned that but
that is the
understanding
y perhaps it's a
understanding um actually we're not up
to Y we're up to test
Isaac and said so she really is your
wife how could you have said she is my
sister answered him for I thought lest I
die because of
her
next said then said what have you done
to us I the most preeminent one among
the people
could easily have had relations with
your wife and you would have brought
guilt upon us you I would have believed
you when you said she's my sister I
would have went ahead and uh slept with
her and that would have been obviously a
huge
problem one of the people what does that
mean one of the people the greatest of
them in other words the king
me if I would have slept with with her
already you would have brought guilt
upon
us so issued an order of warning to all
the people like the whoever whosoever
lays a finger on this man or his wife
shall surely be put to
death uh
oh I actually said that word wrong it's
it's I was thinking like like a
measurement but it's and if you
see I don't know how these live streams
save I know they save on Facebook and
YouTube um not on Twitch for some reason
I haven't figured that out
yet um but maybe I should live stream
myself trying to figure it out see if
that
works um
but the other day PES and I in the
morning I think I titled it ter with P
we started learning a mimer actually
wasn't from ter one one of the days we
started learning ter then another day we
learned um oh AR shabas Friday we
learned from ter and then on Sunday we
started with together with pous t the
from T
days um I forget the year of the M but
with this
this and the rebit gave it out in
t now when we read this I totally
thought that it was like a measure
you'll see in a second why but but it's
but P was was right that is that is uh
how to pronounce this word so P if
you're here you are
correct
so and that and that is
the inspiration for the place in Israel
called
May Isaac solded grain in that region
and in that year being that it was not a
particularly fertile area and that it
was also a year of famine he estimated
that it was would be a small yield but
he nonetheless reaped a h hundredfold
more than he expected for God had
blessed him furthermore when they
calculated the yield for the purpose of
taking Myer tis they had found that it
miraculously increased 100 fold again in
the Merit of his intention to tithe it
for God had blessed him you see
something very powerful over here that
just your intention to give a lot of
Seda allows
for the vessel that you make
to make money to be filled with money in
order for you to be able to give that
amount of
Saka
and plus you know CU Hashem always
rewards and so plus
more that being being said I know that
um that being said you could reach out I
know of a few places for example one of
them the wils bar Yeshiva who are
fundraising right
now and uh it's definitely some good
places to put uh put some of your
money okay so Rashi
meaning he really didn't have any
physical reason to
expect the yield to be
great why is it called that
he measured how much would make sense
for the
Yi and it actually brought him a profit
fold that the reason he measured it was
to make the calculation how much
Myer he needs to
give I think the coffee grounds have
dropped enough that I can drink
this
yesterday actually this is probably on
the live
stream um from yesterday this after
pesak and I had finished and
then someone else had just started
giving a class right so at first I
didn't move the camera but you were able
to hear his class very I think his last
name was kers r kers Dr kers I think
he's a chemist um I think but clearly
whatever he is he's uh he's an
intelligent person and he was well
spoken very eloquent and he understood
the the the concepts that he was giving
over in his class he apparently also has
a podcast very very well um so I felt
like it was you know like I should leave
it I should leave the camera rolling and
and record what he has to say um and I
liked one of the things that he said was
not to do with a
one of the things that he said was that
the class should be in the in you know
in the Merit of Rabbi kogan Rabbi Hogan
may God avenge his blood who was just
brutally murdered in this
um what I'll call an anti-semitic uh
terror attack um you know uh apparently
by Iranian
intelligence that uh you know this man
and his wife dedicated their life to
to being there for other people to
spreading the light and goodness of
Judaism to Abu Dhabi which
is not the most comfortable place for
a Jewish person to live especially an
Orthodox Jewish
person and that is no matter because he
wasn't looking for Comfort they were
looking to bring goodness and be
available for whoever might pass through
them their
doors
and he was killed so in this class he
said ultimately like we'd like to say
that it should be right for the
elevation of his soul but it doesn't
really get much loftier how is a soul
that was that was taken out of its
body that that was forced out of its
body when it had given its whole life to
Hashem and now even in a in a complete
both spiritual and physical manner its
life is now back wrapped up in the in
the in the bond of life with Hashem what
kind of elevation can we can we hope for
it like what how does it get greater
than that um so what he said was cute
and I thought very legit he said so
that's it's for
like AR should be elevated from this
that we're learning in his
Merit that's
correct okay
[Music]
oh
that's that was today's
portion well that's
great what I can do now is this re is
reic learic
because that's
uh amazing if that's true
but I I don't know I feel like that
might just be an
impostor either way welcome re leic
thanks for being
here okay what we're going to do now
is we are going to call
Benny and we're going to learn Ramba if
he didn't already learn it uh we're
going to learn it together with Benny if
he did already learn it then oh my
wife's still have to come home then
we're going to learn it together
Lei uh
Le
ah
wow welcome home rabits and
Weiss wow
Ley Ley we got to we got to learn we got
a fing and uh we should be nice and
maybe after we learn and Fang off camera
we should do it on camera as
well um okay I'm going to call Benny
where's my
phone to do that
oh call here and I hope it doesn't
die unless it's already dead well it's
at
54%
okay oh
amazing that would be
wonderful yes can
caronut we just
started oh is that the one safer ROM I
don't have that's
fun okay um guess we'll do it from the
phone as
well oh
no yeah it's also TI
[Music]
it's funny that I thought that was
learic like
it's definitely not
learic
okay no Ley what's SM can I call you Ley
I'm going to call you actually I really
need to call Benny because he might be
expecting me to call him already but
let's see if he picks up
this phone is
so okay in the
meantime if Ley still here oh not only
is Ley still here I think there's some
there's another two people here wow so
in the meantime while I'm trying to get
this phone working so I could call Benny
so we could learn rambam together with
Benny I
will I will share with you an
interesting story that I heard with a
few more deta I feel like I've heard the
story before but then I read it with
more details um and I like repeating
those before I forget them so basically
The Story Goes that
there
were actually like I read this and it
opens up with explaining how before
colleges came around there werey now
what's really the difference I don't
know but that's what it was called and
point is though this this was in there
were three like major
polishes that each one was funded by
another like Prince which I guess is
like a land owner but I don't know I'm
not so
um like I I don't really know how these
things
work um unless like they were cons I
guess they were considered royalty but
they were their names were I forget
which Academy and which location they
were each associated with but one was
Prince Shak sinki one was
Prince
deit and I forgot the other one shocks
okay you see just me trying to repeat
stories with details so that I don't
forget them so makes me forget them but
this phone's still not
working um
your that N I can't call Benny from the
tablet I need to call him from the
phone um could use round bomb on the
tablet I I could use it on the phone too
thanks I think my WhatsApp is just so
slow oh I see a missed video call from
him from right now okay maybe it started
working um point it so in
this the
AL oh so one of these princes had a sun
dial in his in his yard and between the
hours of 2: and 5:00 p.m. it wasn't
working so he of course you know brings
anyone who might be even remotely
qualified to uh people who are greatly
qualified and people who are Maybe in
some way qualified to figure out this
issue and uh nobody was able to uh
figure it out and help him of course and
he hears about the albe who in this
version of the story that I read it
didn't mention his age but for some
reason I feel like the first time that I
heard the story alrea was a young boy um
so I guess based on the way that the
story was written here I I would assume
like maybe he was in his teens maybe 17
um
and alre indeed figures it out for him
oh Benny's
calling is it working hello
hello before before before you curse me
out for taking so long for me to call
you I'm just letting you know we're on
we're on a live stream
okay here I'll flip it around so you can
see I'll flip my camera
okay are you can't see me I'm good no so
we won't see you I'm not going to set up
the phone for people to see your face um
but yeah they could hear you and we're
all going to learn ROM together yay okay
let's do
this so you didn't start today yet did
not start today but I only have like 45
minutes same I probably have less than
45 minutes
because uh my phone's at 49% and this
phone goes down 1% every like 10 seconds
so yeah I'm joking that was that was a
slight exaggeration but yeah let's do it
quickly let's run through
it what is meant by the term an animal
regarding which testimony was given on
three different one second one second if
anybody wants to follow I hope that
you're able to hear through the the one
phone into the microphone of the video
but if anybody wants to follow online
you can go on.org daily study three
chapters a day we're starting from the
beginning or if you want to find it
online through a different book or if
you want to pull out the book from
yourself in your house if you have it
we're learning we're in the book called
nikin The Book of Damages and
specifically the first set of laws in
that book called n like Financial images
and we are starting chapter six right
now okay again
yeah what is meant by the
term an animal regarding testimony was
given on three different
days if
however an animal G other animals in one
day or in bit lay upon kicked or budded
other animals many even 100 times in one
day it should not be considered as to be
M if three pairs of witnesses gave
testimony concerning animal on one day
there's an unresolved doubt whether it's
classified as M or
not so biter in a m animal
is only if testimony was given about it
doing this specifically damaging
behavior on three different
days the warning administered to an
animal for an animal must be
administered in the owner's presence as
it says in the p and the owners shall be
warned
this warning must be administered in a
Bas D okay yeah let's let's switch off
every two okay so I'll do gim and when
an ox when an ox belonging to a deaf
mute mentally incompetent individual a
minor or a person who is overseas Gores
the owner is not liable the court should
however appoint a
guardian for the ox and administer the
warning to the
guardian the following rules apply when
this Ox causes doll the R when this Ox
causes damage after the warning was
administered to the guardian if the ox
is still classified as a tum an ordinary
animal half the damages must be paid
from the body of the ox if a warning was
administered on three different days and
afterwards the ox causes damage the
guardian must pay for the damage from
the choicest properties he owns when the
orphans attain majority they must enter
into litigation with the guardian and
repay him cuz ultimately it's not his
animal he's just looking after it on
their
behalf when ARS are used for sport and
they are trained to Go each other they
are not considered to be to each
other more even if they kill a human
they should not be executed because it
says an apostle when an AR G implying
that ites that it does so on its own
initiative not that it was pumped to
door right so these oxen were like
trained for this so they're not going to
be considered responsible for their
behavior well the the owner is not
responsible
um I mean that's little it's a little
interesting that yeah okay
[Music]
when an arch was sold or given away as a
present after its owners had been worn
its status reverts back to that of a
a when with the change of ownership and
status changes if however an ox was
borrowed or entrusted to a Watchman its
status remains
unchanged similarly if a warning
regarding an AR was given to a guardian
and then the owner who was def regained
his faculties or the owner who was
mentally incompetent regains competence
or the owner
who was a minor attains majority the
status of the arch remains unchanged for
remains in the domain of the same
owner so some if a warning regarding an
ox is given to a guardian and owner who
is a death mute regain his
faculties oh interesting right okay Zion
behem
an animal that was classified as M and
then it changes his conduct its status
changes right it status changes it goes
back to being a tum what is implied if
an ox was classified as M with regard to
Goring and it stopped Goring it's
considered to be a tum with regard to
Goring even though it still buts other
animals when it's cons when is it
considered to have stopped
Goring at what point when children can
play with it and it doesn't Gore them
similarly I mean who which parents are
are testing that out and letting their
kids play with an ox who's known for
Goring I don't know but but uh that's
that's the standard similarly with
regard to other Tendencies regarding
which warnings were given the status of
the animal remains unchanged until
children play with it and it doesn't do
what it was want to do
previously when an ox has been
classified
when an ox has been classified as M with
regard to other oxen it's not considered
M with regard to other types of animals
an ox that was classified as Mu with
regard to humans is not considered to be
muad with regard to animals if it has
been classified as M with regard to
Young animals it's not considered to be
mu with regard to older animals who said
not necessarily it wants to pick on
someone its own size therefore it caused
if it caused damage of the type
regarding which the warning was given
the owner is liable for the full amount
of damage
because it was want to do that if it
caused damages of another type regarding
which a warning was not given the owners
must pay only half the damages if it has
been classified as M with regard to
chabus it's not considered to be M with
regard to weekday if it causes damage on
chabas the owner will be liable for the
full amount of damage during the week
the owners must pay only half of the
damages when is the warning rescinded
like when when can we take away the
warning when children will play with it
on the day concerning which the warning
was given and it doesn't harm them in
the way that it's known to cause harm
but o another Ox on one day he donkey on
the following day and day afterward
classified as M for all these types of
animals a warning should be administered
to an owner in the following his
situation his Ox saw another Ox on one
day and G it on the next day it saw
another ARX but did not g it on the
third day it saw another AR and G it on
the fourth day it saw another AR but did
not g on the fifth day it saw another AR
and Gordon on the sixth day it was
another AR but not in these
circumstances the ARs becomes classified
as M to AR on alternative dates every
other similarly similar laws apply in
all anist situations
[Music]
should a warning Sly a warning should
also be administered to an owner in the
following situation his Ox saw another
Ox on one day and Gordon on the next day
and saw a donkey but did not g on the
third day and saw a horse and Gordon the
fourth day and saw a camel but not on
the fifth day and and on the sixth day
but these circumstances the as to on
these three types of animals on alterate
Alternate days but does not the G is one
types of animals that had G on Alternate
days on a DAT which is M the owner must
pay the full damages as requir for anx
that is you're Olive when an
ox so it gored an animal on the 15 of
one
month and then the 16th of
another and then on the 17th of yet
another it's not classified as more
until it adds a day a third time in the
fourth
month wait 15th then
16th then 17th so it has to add another
meaning 18th in the fourth month why are
we calling it The the third
time I don't know let's see the footnote
here parallel to this law is found
disregards to the fixing the pattern of
the onset of
menstruation okay I i' I've been seeing
that pattern a lot but I don't
understand this
specific idea of a a third
time okay anyway moving on if an ox
hears a schaer blast and Gores on three
successive occasions it's considered mua
to gore after hearing shaer blasts and
similar laws of apply in other analogous
situations y b there is a suff and
unresolved doubt in the following
situations an ox gour on three a ox
gored three oxen on three successive
days on the fourth day aord a donkey on
the fifth day a camel or at first aord a
donkey then a camel and then aor three
oxen one after another on three
successive days so there's a doubt if
it's classified as Mu only for oxen or
for all three types of animals
similarly if an O scores on three
successive chabus and then on the Sunday
and Monday following the third
chabus um or at gourd on Thursday Friday
and then three successive shabas again
we just have a doubt whether it's
classified as Mu only for chabas or for
a block of three days two of which would
be ordinary weekdays take it away
Benny
last again just because we have many
people joining us um we are doing the
laws of financial damages in the book of
damages of the rambam's magnumopus
Mish the 14 volume set and of those 14
books in The Book of Damages we're about
to finish chapter six of the laws of
financial
damage 13
to these unresolved questions and the
like the owner of the ARs that caus
damage is required to pay for only half
the damages the person whose property
was damaged sees his property belonging
to the other
person equivalent to the full amount of
the damages it is not appropriate for
them
yeah ex give me
second oh Benny I'm going to send you
something
[Music]
oh hello
[Music]
David or is your first name NWA I don't
know hi but you're welcome
here Benny Sorry my phone's just being
really slow I know what you say me
though I'm trying to send you the link
so you can cuz you don't see my face
so I know that you want to
[Music]
see apparently I passed that Health exam
with flying colors from a
oh um got the results yesterday hey
David um or two days ago or three days
ago I got a notification I didn't even
look at them but now Morty messaged me
that that they were really good oh
that's
amazing okay Benny here just click it
and then you don't have to put the sound
on this way you keep the sound on our
phone
call all right David what we're doing is
the laws of financial
damages in the ROM my Moni magnumopus
Misha it's a 14 volume set and we are in
the book of
Damages doesn't help me though why not
you can put it pull it up on a separate
page
okay
okay now these laws kind of they might
sound
archaic because when was the last time
you had trouble with someone's ax
damaging your field or Goring your ax
you know
but oh it's still called Williamsburg on
Twitch I never changed it that's
funny you could I'm not still in
Williamsburg all right benam you
ready
sir okay let's go further
shall I
read start yeah go for it okay chapter
seven the following rules apply when an
ox breaks
loose and causes damage after its owner
had tied it down with a rope and locked
it in a coral if I'm pronouncing that
word correctly in an acceptable manner
in other words like Coral is that how
you pronounce it whatever the point is
he was he was locking this Ox down cuz
he knows this Ox is is going to make
some trouble and he wants to prevent
that from happening so what happens if
it's a t in other words if it he didn't
expect that uh we don't have like a Kaka
that this Ox is for sure going to cause
this type of damage then he is required
to pay only half of the damage if it is
a m in other words we have every reason
to expect and was already warned then he
is not liable at all why would that be
very interesting because I guess
he took every safeguard that he can take
by locking it up um as implied by Exodus
if the owners were warned and they did
not guard him one can infer that if they
did guard him then they're not liable at
all wow very interesting and in the
above instance the ox was guarded
similarly if an ox caused damage through
an activity for which he is known to go
ahead and cause damage at the outset for
example it ate a type of food that it
usually eats or it broke objects by
stepping on them the owner is not liable
in the above instance where he guarded
it cuz he did his best to to make sure
that that wouldn't happen love you thank
you B Second Law if the ox has been
classified as M with regards so m means
that it's like we already know and it
was already warned that this is its
nature it's going to cause this kind of
damage and it was classified as a mu
with regard to its right horn because it
would use that horn to gore to make
damage whatever but it's not mu with
regard to its left horn and it got loose
after it was guarded in an acceptable
manner the owner is requ required to pay
half the damages this applies regardless
of whether it used Its Right horn or its
left horn interesting Kimmel
Benny the following rules apply when an
animal ures a human being whether
intentionally or unintentionally if the
animal is a t half the damages must be
paid from the body of the animal it's mu
the owner must pay the entire amount of
the
he is however not liable for
compensation for unemployment
embarrassment pain and medical expenses
for required re redress for these
matters only when one person injured a
colleague when by contrast it's an
animal which caused the injury it's as
if the animal damaged a person's
property and the owner is liable as for
only half of the damages for this reason
if a person's Ox causes another
individual embarrassment he has not
himself he's not in other words to pay
for someone else's embarrassment or loss
of employment and all those things is
only when you're the one who caused
damage to another person here it's your
property that caused damage if however
he causes the embarrassment himself he's
as will be explained a person's Ox
injures his father or mother or sets
fire to a person's grain Heap on the
shabas the owner is although if the
person performed the same actions
himself he would not
be why because a person who injures his
father or mother himself is not going to
be K to pay because he's going to be K
to die because that is a a sin of
capital punishment injuring one's father
or mother causing a
wound and lighting fire on chabas to
someone else's field you don't have to
pay for the damages why because you pay
with your life God forbid because can't
light a fire on Chavis and we have a
rule in teror that you're never both
required to pay a fine and
die um doid four the following rules
apply when a person brings his Ox into a
courtyard belonging to another person
without his permission if The Uninvited
Ox that would be a great social media
name or like you know streaming name
Uninvited ox was gored by an ox
belonging to the owner or bitten by the
owner's dog the owner is not
liable if The Uninvited Ox scored an ox
belonging to the owner of the courtyard
the owner of The Uninvited Ox is liable
if his Ox is tum its owner must pay half
the damages if it's m he must pay the
entire damages as if it had gored the
other Ox in the public
[Music]
domain um
why is he not liable if his
Ox Gordon Ox belonging to the
owner or or bitten by the owner's dog oh
the owner is not liable in other words
if the owner of The Field's ax Gores The
Uninvited ax of course the owner of the
field is not
liable
um right but if The Uninvited Ox causes
damage then if it's Tom half and if it's
more the full
thing right hey in the above situation
the following rules apply if The
Uninvited Ox falls into a sistern in
this Courtyard and spoils its
water if it spoiled the water
immediately upon falling within the
owner of the ox is liable for the loss
caused you okay yeah yeah caused by the
ruining of the
water if the water was not spoiled until
afterwards the owner has not liable the
reason is that the ox is considered to
be an obstruction in the sistern and the
water is considered to be a utensil and
one is never liable for damage to
utensils caused by an obstruction if the
owner of the ox received permission to
bring in his Ox the owner of the ox is
not liable for any damage the ox caused
if the owner of the courtyard accepted
responsibility for the ox he is liable
for the damages It suffers from falling
into the sistern you see a lot of this
kind of stuff in uh liability waivers
today when going into like amusement
parks or trampoline places stuff like
that we like you're coming in to have a
good time but like we don't want to take
responsibility for anything that happens
and still there's there is some measure
of responsibility that each party has if
you go somewhere and cause damage God
forbid or if a person gets damaged in
one of those
locations V the following rules also
apply when a person brings his Ox into a
courtyard belonging to another person
without permission if The Uninvited Ox
injures the owner of the courtyard the
owner of the courtyard suffers injury
because of the ox or the ox digs pits or
trenches or Burrows in the courtyard in
other words I guess he doesn't want that
going on in his Courtyard he he's not
interested in that it's damaging to him
um the owner of the aux is liable for
the damage to the Courtyard or to the
owner if another person is injured
because of these pits the owner of the
courtyard is liable cuz it's his
responsibility to fill them up right so
if a crazy person goes and breaks them
stuff in a in a mall I don't know in a
shopping center then he obviously needs
to pay for the damages to the shopping
center but whoever is responsible for
the shopping center needs to fix that
before someone else gets hurt by
it one
second every seven is precious we are
the Seventh Generation we are the
generation of the
Redemption the final generation of first
of mhia
the courtyard damaged the
ARs if he caused the damage
unknowingly can tell the owner of the AR
why did you bring your AR in without in
without your permission I was not aware
of it until I damaged it un knowing if
he cause a damage knowingly his for the
full
extent of the
damage he has the right to take the
intruding animal out of his property he
does not have the right to damage it
to elaborate before I continue nope
go we evaluate the
amount of damages caused what is imply
if either a person or ar broken K
belonging to a
colleague we do not tell the person who
caus a damage take the take the broken
utensil and pay it work to its owner
instead we evaluate the laws cause to
the to the utensil this amount is paid
to the person who caused the damage
damage was caused by his ARs and the ARs
was for the full amount of Damages if it
is he for half damages this is implied
by
the and the car will be his it belongs
to those to the one whose property was
damaged and the carus loses value the
person whose property was damaged
suffers the loss if its value Rises
increases divided between the person who
caused the damage and the person
property was damaged very interesting
what does that mean we're going to
elaborate now what is implied when an ox
that's worth 200 Z is gored and dies its
carcass was worth 100 Z at the time of
its death but at the time of the trial
it decreased in value and was worth only
80 in such an instance the person whose
ax caused the damage is required to pay
only 100 Z if the ox was M if it was Tom
owner is required to pay only 50 zos
from the body of the ox in other words
full payment means only half of what
it's now
worth in this case very interesting if
the value of the carcass increased and
it's worth 120 Z at the time of the
trial now I guess I don't know animal
hide went up in
price um the one who caused the damage
must pay 90 he's actually now liable to
pay less meaning his actual liability
doesn't change he still needs to be
making either a half payment if the ox
wasn't prone to doing that or a full
payment if it was but the number amount
that he's that he's going to be liable
to pay is going to be less if the ox was
M right it's going to be 90 and 45 from
the body of the ox if it was T this is
implied by Exodus 21:35 and they shall
also divide the dead Ox in other words
they shall divide the profit from the
dead
Ox the amount that the person whose ARS
caused damage must pay his subject
to the amount that the person whose AR
caus the damage must pay is subject to
change in some but not in all
circumstances to illustrate an ARX that
was worth 200 z g another ARX worth 200
Z causing it to depreciate
50 at the time of the trial its value
increased and was worth
400 however it had not been gored would
have been worth
800 whether it value increased because
it was fattened or because of Market
fluctuations the damages are evaluated
according to the loss of the time the
damage took place the O came weak
because of the injury it received and
the damages amount to 100 Z at the time
of the trial the damages are evalu
according to the loss of the time at the
time of the
trial I actually I totally I spaced out
I'm sorry don't wor I'm used to it no
I'll read it again the am that the
person who caused the damage must pay is
subject to change in sum but not all
circumstances to to illustrate an ox
that was worth 200 Z gor another Ox
worth 200 Z causing it to depreciate 50
zos I think my brain heard numbers and
it was like um done I don't want to do
this now even after a coffee um at the
time of the trial its value increased
and it was worth 400 so however it would
not have been gour it would would have
been worth 800 so right if it was alive
whether it value increased because it
was fat or because of Market
fluctuations the damages are are
evaluated according to the loss at the
time that the damage took place if the
ox became weak because of the injury it
received and the damages mounted to
hundreds of us at the time of the trial
the damages are evaluated according to
the loss at the time of the
trial all right you
baso
whato I just read you
okay
fine you're right you're right you're
right the following rules apply if the
value of the O cause the damage increase
at the time of the trial oh if its value
increased because the owner fattened it
only its value at the time it causes
damage is considered to be unlean for
payment its value increase because of
Market fluctuations half damages must be
collected from value at the time the
trial
13 it is the responsibility of the
person who caused the damage to make the
effort to bring the carcass of the ox
that was damaged to the person whose Ox
was
damaged it's the responsibility of the
person who caused the
damage to make the effort to bring the
carcass of the ox that was damage to the
to the owner of the damag Dos okay was
impli H can you can you hang on just a
second if it's in because the owner fath
it only
it's you know I always pause make sure
you to say something I don't like being
interrupted I'm sorry so do you want to
finish and then finish yes
sure what is implied an ox fell into a
sistern and died the owner of the sister
must raise the carcus of the ox when the
sister and gave it to its owner then we
evaluate the extent of the loss this is
the right by the p and he shall give
monetary recompense to the owners and
the carcass will be the owners this
teaches that he is obligated to return
the carcass and the decrease in value of
the ax from the time when it's when it
was alive to its owner the AR that
caused the damage was a t this owner is
required to pay only half the damages as
explained above and Tak it
away I'm just catching up
um wait did you you started the next
paric already no okay so we're starting
that now right yes okay so I'll just if
you if you could remind me to finish the
last three halis of parag Zion I'll just
start parade because there's people here
live joining us and I don't want to take
away your time either um okay when an ox
belonging
to a yet Gores an ox that was
consecrated meaning that was supposed to
be given to the basa mikdash or an ox
that was consecrated Gores an ox
belonging to a the owner of the Goring
Ox is not liable as implied by Exodus
21:35 if one person's Ox injures an ox
belonging to a colleague all meaning
either which way it goes the point is
the consecrated Ox isn't belonging to a
person it's not belonging to a colleague
it's belonging to Hashem so it's an
exception to this rule all consecrated
entities for which one is held liable
for using them for one's own purposes
are not going to be bound by the laws of
Damages it's a good General principle
animals that were disqualified are bound
by the laws of Damages because they they
are not going to be donated to hasm this
applies regardless of whether it is they
who cause the damage or they who are
damaged for they have been redeemed and
can be considered
ordinary property in other words they're
no longer consecrated so now they're
going to be bound by this rule again
base when an animal consecrated for a
peace offering so now this is a specific
animal that's going to be brought so we
hope at least as a peace offering to
Hashem so if that animal now causes
damage to another animal or a person or
a person's field the damages can be
collected from its meat after it's
offered person who's property was
damaged does not however collect his due
por his due his due from the portions
burned on the altar because the
prohibition against using consecrated
property for one's own purposes
applies to the portions of sacrifices of
lesser sanctity burned on the Altar and
this a peace offering is considered a
sacrifice of lesser sanctity but still
the person cannot collect his due from
it um as as we have explained in the
laws of ma similarly if an animal
consecrated for a Thanksgiving offering
that's not an offering that was brought
on Thanksgiving but it's an offering
brought for Thanksgiving um which we
always want to be giving thanks to
Hashem um and if that causes damage the
damages may be collected from its meat
they may not however be collected from
the bread that accompanies it for the
bread is not considered to be part of
the
meat
gimel how can the person whose property
was damaged collect his
Doom he and his company should eat in a
holy manner a portion of the meet
equivalent to the half of the damages he
suffered what is what is meant by the
statement that the person whose property
was damaged do not however collect his
to from the portions burned on his
ba that if half the damages he suffered
was equivalent to a dinar and the meat
and the portions to be offered on his
together were worth two dinar but the
meat without the portions to be offered
was worth only a dinar and a half the
person whose property was damaged
receives only half the meat and not two
third of the meat
do similarly an AR that is ownerless and
causes damage is also not held
responsible for damage and causes this
is also derived from the phrase an AR
belonging to a implying that the ARs
must be defined as a property of an
owner what is implied when an ARS that
is ownerless Gores another ARs and
before the person whose property was
damaged takes possession of the Goring
ARS another person do so that other
person is not k for the damages how
moreover even if the if an ox that is
defined as the property of an owner
causes damage and afterwards the owner
consecrates it or declares it ownerless
payment is not expropriated from the
body of the ox for payment to be
expropriated must be owned by one person
at the time because of the damage and at
the time of the trial
[Music]
sorry I kind of spaced out by doll it
again I'm just going to fly through it
really quickly similarly an ox that is
own causes damage is also not held
responsible for the damage it
causes
um okay that makes sense it's an
ownerless wild ox right cuz it's not one
that belongs to someone
um so if it goes this ownerless ax GES
another ax and before the person whose
property was Dam damage takes possession
of the gring Ox another person does so
that other person wow it's not liable
for the damages moreover even if an ox
that is defined as the property of an
owner causes damage and afterwards the
owner consecrated set declares the
ownerless pay payment does not
expropriate from the body blocks wow
payment must to be expropriated must be
owned by one person at the time it
caused the damage and at the time of the
trial so it's funny like you could
really figure out the loopholes over
here based on what the strict rules
are um um okay when an ox whether a tum
or a mad belonging to a Jew Gores an ox
belonging to a gentile the Jew is not
liable wow the rationale is that the
Gentiles do not hold a person
responsible for damage caused by his
livestock now this is argued upon by the
rivid so this is the rambam's law this
is the way that the rambam sees the law
but the rivid defers with the reason
stated by the rambam and objects because
the Gentiles sees animals in Le of
payment for damage that they cause in
other words the Torah law says we have
specific fines a specific penalty system
worked out if my ax causes damage let's
say to another person's ax but when it
comes to this situation the ram is just
saying the Gentiles don't have this law
um but the rivet says yeah but the law
that they do have is that they just take
away the animal it's like oh your animal
cause damage now I own your animal um so
the rivit maintains that by speaking of
a colleague ox the T excludes one
belonging to a
gentile the Ra's the tour and the R's
ruling very interesting so therefore we
judge this case by their laws whatever
the laws of the Gentiles are of course
it's one of the seven laws of Noah that
God wants all the nations to have a just
court system and in this case the Jewish
person would be obligated to use the
court system not of the Jewish people
but rather of the G who he caused damage
to therefore we judge this case
according to the laws one by contrast an
ox whether a t or a m belonging to a
gentile GES an ox belonging to a Jew the
Gentile must pay the entire amount of
Damages and this is a penalty imposed
upon the Gentiles because they are not
careful about the observance of the
mitz would appear that that
means um the MIT and one of them is the
law obligating societies to set up a
system of civil law and we need to do a
better job right now
for me and you Ben and for all of us in
influencing um the Nations around us to
do this and they do not remove factors
that can cause damage so basically the
penalty that they receive is like
they'll have to pay the full full amount
if we will not hold them liable for the
damage caused by their animals they're
not going to guard them and the animals
will destroy other people's property so
the Jewish people need to stick up for
themselves in this case V when an ox
that is tum causes
damage and then is sold by its owner
before the trial takes place the person
whose property was damaged May collect
his due from it despite the fact that it
was sold so before we said if it was
consecrated or if it was made ownerless
if the guy goes ahead and sells it I
guess maybe to try and get rid of his
obligation to pay up the person who's
owed money can go and collect his due
from it before it is transferred to the
purchaser and afterward the purchaser
should collect that sum from the
previous owner who sold it to him and
say hey bro you sold me something that
had basically like had a lean on it um
the rational for this ruling is that
once an ox is gored the matter becomes
known and the purchaser should not have
purchased the animal until the one whose
property was damaged had collected his
due so he does have a complaint and he
could get paid back but he's going to
have to deal with that
Zion if the owner of an ARS that caus
damage consecrates the ARs it is
consecrated this law was instituted so
that people will not say an animal that
was consecrated can lose its status
without being redeemed the owner
Slaughters the ARs the person who was
damaged May collect his du from the meat
if the owner gives it away as a present
the present is binding the person who
damaged whose property was damage
collect his D from that from
theal thank you if an ox caused damage
there was a
trial afterwards the owner sold it the
sale is of no consequence if he
consecrates it it is not consecrated and
if he gave it away as a present the
present is a no consequence if the
creditors of the owner of the AR sees a
first to to collect their due from it
they are not entitled to retain
possession so a person whose property
was
damaged collects his due from it this
applies whether the debt was undertaken
before the damage was done or afterward
rationale is that even if it belonged to
the creditors at the outset and cause
damage the person whose property was
damaged would be entitled to collect his
du
I don't understand why they why what
what would be wrong with the creditors
coming to collect what's do them because
the the guy who's Dam who prop damage
gets
first that's who we mean by the oh we're
talking about different
creditors
yeah
ah God I thought that the creditors
meant the guy whose property was
damaged from what I understand right and
that's interesting yeah yeah yeah the
end of the makes that clear that this
applies whether the debt was undertaken
before the damage was done or
after wow um okay the following rules
apply when an ox that is M cause causes
damage regardless of whether the trial
took place already or not if the owner
has consecrated ated it sold it given it
as a present or slaughtered it his deed
is
binding wait so all of that was about a
tum
specifically why are we changing it now
on
a yeah I guess the past three were about
a tum and now for some reason an animal
which is prone to damage actually you
could go ahead and sell it or give it
away as a present or sh it
even after
trial I don't know why if the creditors
of the owner lead the aux before lead
the aux away before the person whose
property was damaged takes possession of
it they acquire it the creditors now
receive it this applies whether the debt
owed them was made before the damage
took place or afterwards why okay I'm
very intrigued the reason is a person
whose property was damaged is entitled
to collect his due from the choicest
property belonging to the owner all of
the owner's property is on lean because
of the damage
caused wait so I don't I don't get it
let me read this footnote here this
explains the fundamental difference
between damage caused by a tum which
again I see more people joined us so
I'll I'll reiterate a tum is an animal
that's not prone to this type of damage
and a mu is an animal that is and was
already warned on three separate
occasions um when a tum causes damage
its own body is on lean for the damage
the dam damage is not considered to be a
debt owed by the owner of the ax when in
contrast to Mu causes damage the
opposite is true the person whose
property was damaged is no claim to the
ox itself ah his claim is born by all
the Holdings of its owner wow so you
would think that it should be more
strict but in a weird way it comes out
that the owner has more of a loophole
because it it's his he's the guy who's
responsible it's not the responsibility
of the O well the other case it's not a
responsibility of the but the point is
it's like a situation and in the other
case it's
upon the the the debt can be collected
or the damages can be collected from the
body of the ox whereas in this case it's
just this dude who is the owner of this
damaging Ox that is required to fix the
situation
y Benny who turn your
turn when the port is required to
expropriate property belonging to a
person because of damages
for the person whose property was
damaged the movable property of the
person who caus the damage should be
expropriated first if he does not own
any movable property or the property he
owns is not sufficient to pay for all
the damages the remain should be
expropriated from the choices properties
he owns as long as movable property is
found even property of inferior quality
landed property should not be
expropriated did you follow what you
just said yes
okay that me to
reiterate that would be
great when a person's property has to be
taken
because he caused damage to uh someone
else's
property to pay
back he has to pay with his movable
property first
if he doesn't have if he doesn't
property then you take the choices of
his land is that what has to happen or
that's what we're saying like because
it's much better for a person to give
away items that he owns than land that
he owns so are we saying that this is
what has to happen or this is like just
better for him but I don't think has
meant to take everything away from the D
no we're not we're just trying to pay up
his debt right so we're saying pay off
the deck with movable with movable with
metalin correct even if he has the most
basic movable property that's not that's
very cheap you should give you should he
should give it away he should sell it to
pay off the debt uh before touching
before paying back with his own
land I think the yeah the last part is
that even it's better to take away
metalin than even very cheap line so he
might be saying like I don't care about
this plot of land I care more about my
cell phone and we still will tell him
we're taking away your cell phone
correct okay you
Olive the person who caused the damage
dies before he pays the court does not
expropriate the movable property the
Ming to his
heirs instead they expropriate the
landed property in the estate taking of
that of the least value
the rationale is that the person whose
property was
damaged because becomes one of the
creditors of the person who cause a
damage and movable property is never
considered to be unlean to a
creditor if the person his property was
damaged seized movable property
possession of movable property beling to
the person who caus it damage in the
latter's lifetime when he was still
alive pay for the damages must be
collected from this movable property
after his
death
yeah um I just the last part if the
person's property was damaged ceased
possession
of movable property belong to the person
who caused the damage the latter in the
latter's lifetime payment the damages
may be collected from this mobile
property okay so they can just go ahead
and take it I'm getting a phone call let
me just reject it let me go ahead and
not take it okay B the have already
ordained that a debt owed accreditor can
be expropriated from the movable
property in the estate in other words
even though it's not considered movable
property is not considered on
lean to a creditor
and we would not take it away from his
uh inheritors after he
passes we the G have ruled that we
do I just lost my place give me a
second thank you this ruling has been
accepted by all the Jewish courts of law
therefore damages may also be
expropriated from movable property left
to air so we apply that here as well
it's not just a regular debt but it's
damages that this person who had passed
cost and is responsible for if the
deceased did not leave any movable
property then the Creditor can
expropriate the landed property of least
value for as explained in the previous
law whenever a person seeks to
expropriate property from SS he is given
the property from of the least value
we're not going to say you can go take
this plot of land or this house or
whatever which is very nice we say you
can expropriate real estate but it's got
to be starting from the least valuable
you again well damages should not be
collected nor is an atonement fine
imposed nor is an animal executed none
of these things happen unless definite
proof is brought as substantiated by
acceptable Witnesses we don't say that
since only Shepherds servants and the
like are found in the Stables of horses
the Stalls of cattle and the corals of
sheep their testimony should be accepted
if they testify that one animal damaged
another similarly if panim or nashim who
are not acceptable Witnesses testify
that one person injured another or
caused another type of damage one might
think that we can rely on them this is
not so instead Financial redress is
required because of the testimony of
witnesses only when the Witnesses are
acceptable and fit to testify with
regard to anything else and they give
testimony not anything else the point is
on other matters in general because
there are situations when usually
unacceptable Witnesses would be
acceptable um but that's but this is not
one of them so they need to be normally
acceptable Witnesses and they give
testimony and then on that basis the
court obligates the one who caused the
damages to
pay yalid which is the final law of this
chapter and we complete today's ROM
which is
extremely uh amazing to learn because
it's t but especially because we learn
it together with so many other Jewish
people today who all together unite in
studying all the tra every single year
as per the Reb's directive to do this so
we're connecting to the
Reb um when an ox was pasturing at the
edge session in in memory of Rabbi kog
yeah yeah I was talking about that on
the stream before calling you yesterday
after I finished
learning um with Mya there was a guy who
was giving a and it's actually on the
live stream from yesterday and he was
saying how like he started to say lmas
but he's like how like what more of an
Ali of a can a have other than like
after it was just killed you
know like literally this person gave his
gave his life uh
away even while he was a soul within a
body for the sake of Hashem and then his
uh Soul was forced out of his body by
brutal terrorists like what kind of
Al can we affect so he was like it
should
be you know his Merit we should we
should grow and we should be elevated
through this Terror
learn but yeah very very important Benny
thank you um when an ox was pasturing at
the edge of a river and another Ox is
found dead near him even though the dead
Ox was gor was gored and the ox that's
alive was prone to gore so we have every
reason to believe that this Ox did that
or the dead Ox Was Bitten and this Ox
was prone to bite we don't say that we
can be certain that this one bit it or
this gour it even if one of a group of
camels is known to bite and another
camel is found dead at its side we don't
say that it's certain that this one
killed it unless the matter was observed
by acceptable Witnesses in this as in
many other instances the rambam
emphasizes that circumstantial evidence
no matter how indisputable is not
sufficient according to Terra La a claim
can be established only through the
testimony of witnesses right so like
there's a certain
standard um that the trra has that this
is considered evidence this is not
considered evidence and it's not
necessarily what uh we might think is
empirical or or just objectively true
and and valid evidence it's not how it
works all
right now can I show everybody who
they've been learning
with all right
how you doing
otherwise is that a watch in your hand
yes sir I saw your wrists before from
the camera it looked like it looked like
you were handling a watch I was
curious it looks good it looks nice
thank
you my papa gave it to
me someone gave it to as a gift and he
let me see hold it closer to the
camera should be making more watch
content as per my I actually like that I
really like you know I don't know if a
lot of well you're holding it upside
down but I don't know if a lot of people
agree with me um because I don't see
that they're selling all the time like
people aren't calling me and asking me
but I love Arabic
numerals like I love a lot of a lot of
watches are stick dial or diamond dial
you know like there's all sorts there's
ones without any without any um
like in
indication I really like
these anyhow okay are we still live or
we are still live I'm gonna I think I'm
going to end it
um I'm trying to oh man I missed my I
had AA today an hour ago shoot maybe he
thought I was still live town
but
oh you're coming when are you coming
into town Thursday
Thursday
okay all right so I'll see you on
mam see you tomorrow oh tomorrow oh
tomorrow over over FaceTime
yeah you do you need the watch adjusted
or it fits you it it's adjusting
uhhuh so if for whatever reason you
don't have it adjusted by Thursday
you're welcome to bring it to
me but uh maybe come already rocking
it I wear it it fits on my wrist a
little bit oh it's like a little blingy
okay some people like wearing their
watch like that thank you for reminding
me I haven't worn my watch in Days by
the way no I feel like if you if it's
adjusted it'll be too
small that could be I I once adjusted
one of my watch
and then I regretted it and then I I
just put it aside and never picked it up
again actually well I wore it tight but
then ever since I decided to put it down
I didn't pick it up again
and
yeah oh yeah I just broke
it yeah it's broke
I don't think so hang on to it because I
might I probably have the tools for you
it's not it's not
broken like someone my father knows a
guy who has like a kiosk a jewelry kiosk
where he works like a pawn
shop that wants to charge for like 60 80
bucks wait
$1,680 want to charge them either
between 60 to 80 bucks to fix it
okay well I mean that's that sounds like
a fair price it really depends on the on
the watch but that sounds like a low
price honestly but I just I just broke
the
piece I don't know if it's broken broken
or
so I mean if you're bringing it to
someone else then do that but otherwise
so bring it bring it on Thursday I'll
see if I can fix it for you okay thank
you love you one second we're still live
yes
okay do you want me to end why do you
want to tell me some private stuff
because I'll end it right now that's
exactly the point ah okay all right
thank you
everybody and ending it takes a few
seconds