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Why are the four damagers listed in this particular order? Tosfos
elaborates upon Rashis explanation.

 
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Rashi ( )' explains: that in the order the four damagers
were written in the Torah, the Tanno arranged them in the
Mishna.
Keren appears in Parshas Mishpotim 21, 28.
Bor appears in 21, 33.
Maveh and hever will soon be discussed in this Tosfos.
This is correct according to the one who says that the word shor
in our Mishna is a reference to keren. There is another opinion
that shor in our Mishna is referring to regel, which actually
appears later in the Torah 22, 4, after bor.

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And even thoughaccording to the one who says that when the
Tanno mentions shor, it means regel,it is not in the order of the
parsha,since regel is mentioned in Shmos 22, 4, - and he will
send his animal, which is after bor (21, 33), this does not present a
problem, because

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in any case, the title shor appears earlier in the parsha (21, 28),
which is discussing goring by keren. That reference to shor is

sufficient reason to list shor first in our Mishna, even though the shor
our Mishna is discussing is regel.
There is a dispute in the Gemara (3b) about maveh. Rav says that
maveh refers to a person who damages. Shmuail holds that maveh
means shain, an animal that damages by eating. How do these two
opinions mesh with Rashis explanation that the Mishna follows the
order of the Torah? If maveh is shain, there is no problem. Shain is
mentioned in Shmos 22, 4, after bor Shmos 21, 33 and followed by
aish (hever) in the next verse.
However, Ravs opinion that maveh means a person is problematic,
as Tosfos now points out.

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And according to the one who says maveh is a person, even

though it is written much later in parshas Emor (Vayikro 24, 18),


- and one who destroys the life of an animal must pay, which is
speaking of a personwho damages an ox, 

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the Tanno did not feel the needto teach it in the order of the
parsha, the hever (aish) before the maveh, because the maveh is so
distant anyhow. The Tanno therefore prefers to list maveh in the
order it will appear in the Mishna later, when the Mishna discusses
the different characteristics of the damagers by saying this one does
not appear to have the same characteristics as that one. In that
sentence maveh precedes hever (aish) and that is why the Tanno
listed a person before hever in the first sentence of the Mishna. 
Rabainu Tam offers another solution to this difficulty, in line with
the answer Tosfos said earlier when the question was raised, why is
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regel listed first? It appears in the Torah later. Tosfos answered that
although regel is mentioned later the title shor appears earlier in
keren. Rabainu Tam offers a similar solution to our present problem
about listing a person before hever (aish).

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And Rabainu Tam explained that the title person appears
before aish in the parsha, when the Torah says (Shmos 21, 27) - if
a man will steal an ox, and that is one of the primary damagers,
as is taught in the Braiso in the Gemara. (1)

1) See for various opinions who disagree with Rashi and


Tosfos about the order that the Tanno chose for our Mishna.

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