Makos 7b (2).

Thanks to Eli Chitrik

1- We discussed payments for monetary damages caused to others. Generally, in Halocho there are no loopholes or excuses not to pay. “I was sleeping or I was drunk” gets one nowhere. “Shogeg or  oi’nes” are treated the same way – chayev.  Even totally unintentional or accidental harm caused by you to the assets of others must be paid.

Humorous story of the S. Francisco drunk who woke up the morning after the great earthquake and asked “how in the world will I pay for this…”

uh oh…

 

There is Yerushalmi that states that “if one while sleeping turned over and broke crystals dishes that were placed next to him after he fell asleep then he is not obligated to pay”. Did the Yerushalmi mean to say that there is a level of oi’nes that does not obligate one to pay. Is there a  “pure and totally unintentional” harm?

Tosfos takes the Yerushalmi  to mean that cases where one is totally not at fault – oi’nes- one is potur to pay. The Ramban argues. He says that all cases of oi’nes is chayev. The case of the Yerushalmi, says the Ramban, is not an oi’nes. The sleeper did nothing! The one who placed the crystal dishes is completely at fault.

2- Speaking of the meaning of the word “Min Ha’etz” we mentioned the Vort from the Baal Haturim (See here in EnglishHebrew) from Parshas Bereishis.

Hashem asks Adam why he ate from the Eitz haddas? Adam Replied  “The woman whom You gave [to be] with me she gave me “Min Haetz” (of the tree) so I ate.

The Baal Haturim explains that “Min Haetz” means Chava physically hit him with a stick from the “tree” until he ate.

Berel pointed out that this phenomena started from day one!

Aber amol farkert……

3-We mentioned the concept of Koach Kocho – an action that is twice removed from the person.

It is a wide ranging topic.

Laws of:

‘momunos’ – Smashing into a car and cause the car to smash into another.

‘nefoshos’  – Someone killed by a ball –on the rebound!

‘Shabbos’ – Can one bowl on Shabbos? The force of the ball is transferred to the pin that in turn starts the score mechanism and clear the alley etc. etc.

Here is a question I found on the Internet:

“In the movie the Big Lebowski, Walter explains that he is shomer shabbos and that he can’t “roll” (meaning bowl) on shabbos. My question is, if he were able to get to the alley without violating shabbos and if he were allowed to bowl for free, other than possibly uv’din d’chol, is there any reason he can’t bowl on shabbos?

The rolling ball is the “koach” of the original person, analogous to a thrown rock. When the ball then hits the pins/sensors/etc that action is “koach kocho” of the original person, meaning it is twice removed from the person himself (for the definition see the Rambam Hilchos Rotzeach 6:15). “

You have to see this site:

http://judaism.stackexchange.com/questions/17307/can-you-bowl-on-shabbos