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Worksheetsgemara
Total questions: 18
Worksheet time: 14mins
what is the first case in the mishna
one who builds his fence out of thorns
one who pours water in the public area is chayav
one who hides glass or thorns
המצניע את הקוץ ואת הזכוכית is case number____ in mishna
2
1
3
4
והגודר את גדרו בקוצים means one who
hides glass
builds his fence with thorns
pours water in a public area
fence fell in a public area
וגדר שנפל לרה"ר והוזקו בהן אחרים חייב בנזקן means
a house that was flat
hide thorns
water that spilled in a public area
a wall fell in רה"ר and damages you have to pay
FILL IN THE BLANK
Rav says: They taught that he is liable only when the __________of one who slipped were soiled by the dirty water, but if the one who slipped himself was injured, the one who poured the water is exempt, as it is the impact with the ground that injured him, not the water.
ARM
WATER
CLOTHES
BODY
Rav says: They taught that he is liable only when the clothes of one who slipped were soiled by the dirty water, but if the one who slipped himself was injured, the one who poured the water is exempt. WHY?
IT IS THE GROUND THAT IS OWNERLESS THAT HURT HIM NOT HIS WATER
HE DIDNT POUR THE WATER
HE HAD A BAD DREAM
HE DID NOT INTEND TO HURT ANYONE
Rav Huna saked Rav since he poured the water and made the mud he should be _________
patur
chayav
מי סברת דלא תמו מיא בדתמו מיא
Rav responded: Do you maintain that this is a case where the water was not__________________? It is a case where the water was_______________ leaving only moist dirt. Since there is no mud there that can be deemed as belonging to the one who spilled the water, he is exempt from liability.
only
hot
cold
absorbed
מי סברת דלא תמו מיא בדתמו מיא
Rav responded: Do you maintain that this is a case where the water was not absorbed into the ground? It is a case where the water was absorbed
ACCORDING TO RAV IF THERE WAS MUDDY GROUND AND THE PERSON BRUISED HIMSELF GOD FORBID, THE ONE WHO POURED WOULD BE__________TO PAY
CHAYAV
PATUR
The gemara asked ותרתי למה לי why do I need 2 mishnayos telling me that:
if I hurt someones body I need to pay
if I got someones clothing dirty by pouring water in a public area I need to pay
The gemara says i need 2 mishnayos teaching me that if i poured water in a public area and one got his clothing dirty I need to pay: חדא בימות החמה וחדא בימות הגשמים which means
one for the summer season and one for the rainy season
one for a man one for a woman
one for our time one for mashiachs time
one for jew one for non jews
The braissa explains :those who open [potkin] their gutters and drain the sewage from their houses into the public domain, during the summer they ________ permission to do so,
do not have
do have
The braissa explains
Those who open [potkin] their gutters and drain the sewage from their houses into the public domain, during the rainy season they _______________ permission to do so, since the street is rained upon in any event and thereby washed.
Do not have
Do have
The gemara says we needed an extra Misnha to teach us that even in the winter season where you do have permission to dump out your water still if you damage someones clothing you _________ to pay
must have
do not have
machlokes
א"ר יוחנן לא שנו אלא מפריח אבל מצמצם לא מ"ט פטור אמר רב אחא בריה דרב איקא לפי שאין דרכן של בני אדם להתחכך בכתלים
It is stated in the mishna that one who conceals a thorn or a piece of glass, or one who puts up a fence of thorns, is liable to pay for damage resulting from them.
Rabbi Yoḥanan says: They taught that he is chayav to pay only in a case where:
the glass or thorns were sticking out (extended into the public area but if they were stuck all the way into the wall he is patur
the glass or thorns were stuck all the way into the wall but if they glass is sticking out (extended) into the public area he is patur
רב אחא בריה דרב איקא says that the reason why you are exempt from paying if yo stuck the glass all the way into the wall is
לפי שאין דרכן של בני אדם להתחכך בכתלים which means
people love scratching their backs on the wall
its the normal thing to scratch your back on a wall
it is not the way of people to scratch their back on the wall
ת"ר המצניע קוצותיו וזכוכיותיו לתוך כותל של חבירו ובא בעל כותל וסתר כותלו ונפל לרה"ר והזיקו חייב המצניע
The Chachamim taught :that one who conceals his thorns or his pieces of glass in another’s wall, and the owner of the wall came and demolished his wall and it fell into the public domain, and the thorns or glass caused damage, the ______________________ is liable.
one who hid the glass or thorns
no one
one who concealed them PLUS the owner of the wall
ת"ר המצניע קוצותיו וזכוכיותיו לתוך כותל של חבירו ובא בעל כותל וסתר כותלו ונפל לרה"ר והזיקו חייב המצניע
The Sages taught one who conceals his thorns or his pieces of glass in another’s wall, and the owner of the wall came and demolished his wall and it fell into the public domain, and the thorns or glass caused damage, the one who concealed them is liable.
א"ר יוחנן לא שנו אלא בכותל רעוע אבל בכותל בריא המצניע פטור וחייב בעל הכותל
Rabbi Yoḥanan says: They taught this only in the case of a weak wall, since the one who concealed his items should have anticipated that the owner of the wall would soon demolish it, but in the case of a strong wall, the one who concealed his items is:
exempt, and the owner of the wall is liable.
liable but the owner of the wall is exempt
