Bava Kama 2b–3a — Iyun
Why You Can't Punish Based on a Kal Vachomer
Part of Bava Kama (Iyun) · 2:50
Returns to the Mishnah's four avos nezikin and the Tosafos principle of ein onshin mamon min hadin -- that you cannot derive a monetary penalty through logical inference alone.
Audio Transcript
Alright, we're going back to the beginning. We're coming to the beginning of the Bava Kamma. So, here we have in the Mishnah the different types of מזיקין. We learned the שור, הבור, המבעה, וההבער, but it's not נוגע to the inyan the names and what they are, but different types. And the Mishnah explains why the Torah has to tell us each one, because if it would say one and not the others, we wouldn't be able to learn, we there was there are reasons why we wouldn't know the other. Let's say if the Torah would say the din of קרן that you could that the animal damages by horn, we wouldn't know that you're chayav also if you damage by eating and one. And the and the Mishnah gives reasons. The Gemara explains Well, we wait for you. why we would not learn out. In other words, if not for those special reasons, we would be able to learn out. Okay. So Tosafos, לפי זה comes out משמע דאין עונשין ממון מן הדין. Okay. Okay. And when it comes to money When the driver comes, sorry to interrupt, just to let you know he's on his way, he had a flat tire. Who? Eddie. Eddie, the driver. So, it comes out Tosafos says that אין עונשין ממון מן הדין. And we'll explain what that means.
Usually we have a rule: ein onshin min hadin. You cannot learn out a punishment in one din by comparing it on our own to another din. One din says that you're chayav let's say malkot. You can't say, well מה דך if in this and this din you're chayav, kal vachomer in the other din they're certainly chayav. No, you don't. And there are different reasons why ein onshin min hadin. Because first of all, if it's a kal vachomer and maybe the kal vachomer is no good. I I don't see an אפשלאג, maybe someone smarter than me will find an אפשלאג. Or other reasons, but for whatever reason we cannot learn out an onesh from a kal vachomer. But that klal is said by issurin. When it comes to learning out an איסור, מה דך you're not allowed to do this, you certainly can't do this, you don't The classic Just use a classical example. The classical example is it says in the Torah that if you have relations with your sister, which is a sister from one mother or from one father, and the pasuk says that twice in two different places. And the Gemara asks why does the Torah say it twice? So, it says like this, because if it wouldn't say twice, we would think only if it's a sister from your mother and not your father, or a sister from your father and not your mother. What happens if it's a sister from both? I wouldn't know that you're chayav. איי, it's a kal vachomer? מה דך if she's just a half-