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פרק שני
Siman: יוציא דופן
Context:
This Perek explains the irregular cases of קרןand רגלthat are exceptions to the כללים
explained in the first Perek. He puts the irregular cases of רגלand קרןtogether because
they both pay חצי נזק.
פסוקים: None
Concepts:
The term צרורותliterally means pebbles. The classic case of צרורותis damages
caused by pebbles that were thrown by an animal’s walking.
Although the animal did not directly cause the damages through his body, the
animal’s owner is still obligated to pay for the damages since his animal generated
them.
The concept of צרורותapplies to damages that are generated by both walking ((רגל
and eating ((שן.
Any time a מזיקis obligated to pay נזק שלם, we call that payment ממון, and we
consider it similar to a debt that someone has to a creditor. Any time the מזיקpays
either half the damages ( (קרןor more than the damages ((כפל, we call that payment
a ( קנסpenalty(.
One fundamental difference between owing ממוןor owing a קנסis כל המודה בקנס פטור.
This principle is learned from the Possuk, Exodus 22:8, אשר ירשיען אלוקים ישלם שנים
לרעהו. (But if he admits to the crime, he does not pay twice the amount damaged.(
There are two types of מודה בקנס. The first is when the הודעהobligates him in another
payment, as in גניבה. And the second is when it exempts him from all payments. In
the first case ((גניבה, the מודה בקנסis פטורforever. In the second case, the מודה בקנס
is only פטורuntil עדיםtestify that his תםanimal damaged.