04. Mishpatim 21:01d – The Order of the Parsha: An Attempt at Explaining the Sequence of the Halachos (04)

04. Mishpatim 21-01d. the order of the Parsha, an attempt at explaining the sequence of the Halachos, Class Four.
The series continues; the last thing we discussed was a person damaging an other person’s property. We discussed two levels A. (more severe) where one places himself outside the community, by stealing etc. and B. (less severe) where he damages another within the parameters of community, where his liability is less.
This second category isn’t stated explicitly, but it’s implicit.
13) Then we discuss ממון המזיק where one person’s wealth damages another’s wealth. there are two broad categories here:
A. My animal entered your domain and did damage as it lived as an animal lives normally (eating- שן and trampling- רגל).
B. My fire travels from my domain to yours and damages.
This is considered ממון המזיק because it follows AFTER שן ורגל.
14) This is followed up by the laws of the four שומרים. The basis for all these four, is the presumption that we live in a community civilly and we help each other. Some times I help you for no gain (שומר חינם) and some times for some gain (שומר שכר); and some time you help me for no gain (שואל) and some times for some gain (שוכר) and the laws are different according to these criteria.
The exception to these rules is a שולח יד (if I used [or THOUGHT about using] what I have of yours in a way that borders on theft, then I have stepped outside the laws of society and there altogether different rules (like a thief).
With this exception the liabilities are figured based on the presumption that we live in a community and (on some level) share space and (respectfully) property.
To be continued.