Gemara Notes p. 24

דף נו עמוד ב

According to the Torah, a person acquires moveable property by pulling it.

This is called משיכה.

Once he has pulled it, it belongs to him with regard to all aspects of ownership

If the robbers took the animal out, they are חייב for any damage it does

If the robbers pulled it out, and into their possession, isn’t it obvious that they are חייב for the damage?

פשיטא

The Mishna is needed in a case where the robbers did not pull it, but steered it toward grain by blocking its path in all other directions

Rashba:This is אדם damage

Tosfos:This is שן damage

It turns out that our Mishna is teaching the same thing that רב מתנה taught in the name of רב…

If he pulled it there, isn’t it obvious that he is חייב?

This needs to be taught in a case where he guided the animal there by blocking its path in all other directions

One who stands his friend’s animal at his friends grain is חייב for the damage it does there

רב מתנה You taught us the ruling of :רב יוסף said to אבייdifferently!His case is talking about when… he hit the animal with a stick

He is teaching us that… hitting with a stick is the same thing as doing משיכה (pulling). He “acquires” the animal, and is responsible for the damage as if he were the owner

The Robbers in the Mishna must also be talking about when… the Robbers hit the animals with a stick

According the way רבה taught…רב מתנה

The robbers did not “acquire” the animals. They are responsible for the damage anyway because they blocked it’s path, leading it to do damage

According the way רב יוסף taught…רב מתנה

The robbers hit the animal and became the “owners” with regard to any damage it causes. Just as the owner is חייב when it eats someone else’s property, so are the robbers

It turns out there are two ways to explain why the Robbers in our Mishna are חייב…

Gemara Notes p. 25 -26

דף נו עמוד ב