Bava Kamma Review
What would the Din be in this case?
Would the mare's owner have to pay Nezek Shalem?
Would the mare's owner have to pay Hatzi Nezek since this is a case of Be'ita, which is like Keren?
Or would the mare's owner be Patur completely due to the Din ofכל המשנה ובא אחר ושינה בו פטור?
posted by yaak @ 6/19/2007 12:41:00 PM
1 comments
1 Comments:
Here are my thoughts:
1) The mare is not mu'ad (in spite of what the owner of the stallion said) so there is no way that that its owner would have to pay nezeq shalem. I think that the owner here is patur for the reason you stated.
2) The owner of the stable is a shomer sachar and he should pay the owner of the mare. The article states that it is not normal to keep male and female horses close together.
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