Legal Concepts in Talmud: Bava Kamma 28a Insights

Talmud Leat Bava Kamma 35

Review Mishnah 3:1 Pitcher in the Public Domain Injury from the broken pitcher Vocabulary: Pitcher vs Jugs 3 Amoraim Rav Too Many Shmuel Dark R. Yohanan Corner People should watch where they're going Taking the law into one's hands 3 attempts to justify R. Yehuda 2 Talmud Le'at - 35

Bava Kamma 28a : " " , , ; Come and hear: One who places a pitcher in the public domain and another one comes and stumbles over it and breaks it, he is exempt The reason is that he stumbled over it; but if he breaks it, he is liable 3 Talmud Le'at - 35

Bava Kamma 28a ' ; , : " , , " " " ; : " " R. Zevid said in the name of Rava: This is the law even if he broke it; and this teaches he stumbles because it wants to teach the last clause: If the owner of the pitcher was injured by it, he is liable for his damage as specifically if he stumbles; but if he breaks it, no, since he damaged himself The first clause teaches he stumbles 4 Talmud Le'at - 35

Bava Kamma 28a - " " : , " " " ? , Come and hear: Then you shall cut off her hand (Deuteronomy 25:21) monetary restitution What, is it not where she cannot save by other means? No, where she can save by other means 5 Talmud Le'at - 35

Bava Kamma 28a ? " , , " : " " , ? " , " ; " " But if she was not able to save him by other means, she is exempt? If so, instead of teaching the last clause: And puts forth her hand to exclude an officer of the court, let it distinguish and teach within itself To what does this refer? When she can save him by other means; but if she cannot save him by other means, she is exempt 6 Talmud Le'at - 35

Bava Kamma 28a ! ? " " ; " " , This is also what it is saying! To what does this refer? When she can save him by other means; but if she cannot save him by other means, her hand becomes like the officer of the court and she is exempt " 7 Talmud Le'at - 35

Bava Kamma 28a : " ; , ! Come and hear: There was a public road passing through a person s field He appropriated it and gave on the side What he gave is given; and his has not reached him And if you say that one may take the law into one s own hands, let him take a stick and sit! 8 Talmud Le'at - 35

Bava Kamma 28a : : , , : R. Zevid said in the name of Rava: It is a decree, lest he give them a roundabout way R. Mesharsheya said: Where he gave them a roundabout way R. Ashi said: Anything on the side is a roundabout way, closer for this one and further for that one 9 Talmud Le'at - 35

Bava Kamma 28a ? "? : , " , But if so, why has his not reached him? Let him say to them: Take yours and give me back mine ! Because of Rav Yehuda, for Rav Yehuda said: A path established by the public may not be destroyed 10 Talmud Le'at - 35

Bava Kamma 28a : " , ! ? " Come and hear: An owner left pe'ah on one side, and the poor came and collected from another side, this and this is pe ah Now, if we said that one may take the law into his own hands, why should this and this be pe ah? Let him take a stick and sit! 11 Talmud Le'at - 35

Bava Kamma 28a ?" " : , : Rava said: What does it mean this and this are pe'ah ? To exempt from tithes As it is taught: If one declares his vineyard ownerless and then gets up early in the morning and harvests it, it is liable for fallen grapes, for incompletely formed clusters, for forgotten grapes and for pe ah, but is exempt from tithes 12 Talmud Le'at - 35

Mishnah 3:2 " , : , , , ; One s jug broke in the public domain, and one slipped on the water or was hurt by the potsherds, he is liable Rabbi Yehuda says: with intent, he is liable; without intent, he is exempt 13 Talmud Le'at - 35

Bava Kamma 28a : , ; ; R. Yehuda said Rav said: This was taught only when his clothes were soiled by the water; but he himself, exempt; the ground injured him 14 Talmud Le'at - 35

Bava Kamma 28b : , , When I stated this before Shmuel, he said to me: Since we derive his stone, his knife or his load from the pit, and with regard to all of them I say: An ox and not a person, a donkey, but not vessels 15 Talmud Le'at - 35

Liability For OX PERSON DONKEY VESSEL Shmuel (Death) PIT Y N Y N 16 Talmud Le'at - 35

Bava Kamma 28b , ; But these words refer to killing; but when it comes to injury, he is liable for a person, but exempt for vessels 17 Talmud Le'at - 35

Liability For OX PERSON DONKEY VESSEL Shmuel (Death) PIT Y N Y N Shmuel (No Death) Y Y Y N 18 Talmud Le'at - 35

Bava Kamma 28b ? And Rav? These words where he declared them ownerless 19 Talmud Le'at - 35

Liability For OX PERSON DONKEY VESSEL Shmuel (Death) PIT Y N Y N Shmuel (No Death) Y Y Y N Rav Y N Y N (Ownerless) 20 Talmud Le'at - 35

Bava Kamma 28b , But where he did not declare them ownerless, it is his property 21 Talmud Le'at - 35

Liability For OX PERSON DONKEY VESSEL Shmuel (Death) PIT Y N Y N Shmuel (No Death) Y Y Y N Rav Y N Y N (Ownerless) Rav Y N Y Y (Owner) 22 Talmud Le'at - 35

Liability For Person & Jug OX PERSON DONKEY VESSEL Shmuel (Death) PIT Y N Y N Shmuel (No Death) Y Y Y N Rav Y N Y N (Ownerless) Rav Y N Y Y (Owner) 23 Talmud Le'at - 35

Liability For Person & Jug PERSON VESSEL Shmuel (No Death) Y N Rav N Y (Owner) 24 Talmud Le'at - 35

Exodus 21:33-34 When a man opens a pit, or when a man digs a pit and does not cover it, and an ox or a donkey falls into it, The owner of the pit must pay money; the price to the owner and the dead animal shall be his 25 Talmud Le'at - 35

Bava Kamma 28b : , R. Oshaia raised an objection: And an ox or a donkey fall in (Exodus 21:33) - an ox and not a person; a donkey and not vessels " - " 26 Talmud Le'at - 35

Liability For Person & Jug OX PERSON DONKEY VESSEL Shmuel (No Death) Y Y Y N Rav Y N Y Y (Owner) Y Y Torah 27 Talmud Le'at - 35

Bava Kamma 28b , From here they said: an ox and its vessels fell in and broke, or a donkey and its vessels were torn up, he is liable for the animal and exempt for the vessels : , 28 Talmud Le'at - 35

Liability For Person & Jug OX PERSON DONKEY VESSEL Shmuel (No Death) Y Y Y N Rav Y N Y Y (Owner) Y Y Torah Y N Y N Rabbis 29 Talmud Le'at - 35

Bava Kamma 28b " ? ? , ? , , , " To what is this comparable? His stone, his knife or his load in the public domain and they caused damage On the contrary, it should have said "What is comparable to this?" Rather, What is comparable to this? His stone, his knife or his load in the public domain and they caused damage Therefore, if a stone broke his jug, he is liable 30 Talmud Le'at - 35

Liability For Person & Jug PERSON VESSEL Y N Shmuel Y Y New Baraita N Y Rav N Rabbis 31 Talmud Le'at - 35

Bava Kamma 28b The first clause is a difficulty against Rav and the last clause against Shmuel 32 Talmud Le'at - 35

Bava Kamma 28b ;( ) ! , But according to your reasoning, it should be a difficulty for you; first clause he is exempt and the second clause he is liable! Rather, Rav resolves to his reasoning, and Shmuel resolves to his reasoning 33 Talmud Le'at - 35

Bava Kamma 28b ? : , , , Rav resolves to his reasoning: When was this stated? When he declared them ownerless But if he did not declare them ownerless he is liable Therefore, if a stone broke his jug, he is liable 34 Talmud Le'at - 35

Bava Kamma 28b : ' , , And Shmuel resolves it to his reasoning: Now that you have said his stone, his knife and his load are like a pit, according to R. Yehuda who obligates for damages to vessels by a pit; therefore if a stone broke his jug, he is liable ; 35 Talmud Le'at - 35

Bava Kamma 28b : " , R. Elazar said: This was taught only where the person stumbled over the stone and scraped against the stone But if he stumbled on the ground, and scraped against the stone, he is exempt 36 Talmud Le'at - 35

Bava Kamma 28b ? ' In accordance with who? Not R. Natan 37 Talmud Le'at - 35

Bava Kamma 28b : " , , , , ' There are who say: R. Elazar said: Do not say where he stumbled on the stone and scraped against the stone, he is liable, but if he stumbled on the ground, and scraped against the stone, he is exempt Rather, even if he stumbled on the ground and scraped against the stone, he is liable According to R. Natan 38 Talmud Le'at - 35