Q&A: The Chapter “HaKones”
The Chapter “HaKones”
Question
I’m studying the chapter “HaKones” and I didn’t understand the first Mishnah.
If someone brings his flock into a pen and locks it properly, and it went out and caused damage, he is exempt.
If it was breached at night, he is exempt.
If bandits breached it, he is exempt.
If bandits took it out, the bandits are liable.
I didn’t really understand the difference between “it went out” and “it was breached,” and what the difference is between “it was breached” and “bandits breached it.”
Thanks in advance
Answer
These matters are discussed in the Talmud and in the commentators there.
With “it was breached,” the novel point is that he is exempt only at night. During the day, he is expected to notice and keep watch. See Tosafot there.
With “bandits breached it,” the novel point is that even the bandits are exempt if they did not take it out. See Tosafot there.