Filtra per genere
- 1548 - Bava Metzia 28: Lost & Found
More on distinguishing marks - and whether they are a Torah requirement or a rabbinic one. Also, how long must one hold on to a lost object? Also, pilgrims to Jerusalem could reclaim their lost items from a particular place. Plus, the formal lost and found location and process for the 3 pilgrimage festival - and why Jerusalem is special in this regard. Also, the process of declaring and proclaiming that you've found a lost object, and how Jewish history (and the rule of Persia and Rome) changed that process.
Wed, 27 Mar 2024 - 23min - 1547 - Bava Metzia 27: Returning Lost Objects Is a Mitzvah (But Not Quite Always)
The biblical text for the requirements of returning lost objects, including which objects require returning. How, then, does the question of distinguishing marks come into play? The discussion begins with the documents of divorce, which may or may not be bound by the rabbinic enactment of distinguishing marks (when the divorce is a Torah command).
Tue, 26 Mar 2024 - 19min - 1546 - Bava Metzia 26: A Few Considerations
The daf has a few mishnahs dealing with a few halachot around lost objects? Does the location where a lost object is found determine ownership or if it lost? Does a lost object need a minimum value for it to be considered worthy of returning? Rava finally explains which mitzvot in the Torah are involved with a lost object.
Mon, 25 Mar 2024 - 16min - 1545 - Bava Metzia 25: Dropped Coins
A new mishnah - with a list of when a finder has to proclaim and declare the found item(s), so that the original owner can come forward. With debates over whether an item has a siman (demarcating the item) is near an item that doesn't have the mark. How did they settle these relatively ordinary cases? One example being a basket with or without a rim. Also, when one drops coins, and they are in a small (very small) organized pile of coins - vs. a scattered pile of kinds. Plus, a whole lot of conditions and configurations of the coins to be required to proclaim the find in case the original owner comes forward. Plus, one more mishnah and a question about the halakhic expertise of regular people.
Sun, 24 Mar 2024 - 26min - 1544 - Bava Metzia 24: Be Nice and Give It Back
A story about Mar Zutra the Pious, when a silver cup was stolen, and Mar Zutra finds the guilty party. Unidentifiable items go to the finder - if the finder found isolated objects, but several together require declaring the find in the hopes of the original owner coming forward. Someone who saves an object from wild animals - keeps it, because it would have been lost anyway. Likewise, finding an item in a public thoroughfare where hopes of recovery are immediately dashed. 5 questions are asked to determine whether to publicize the find or not. Plus several cases of application and apparent contradiction as to whether the finder keeps the found item or has to publicize that it's been found - notably, in the marketplace and in the Biran River.
Sat, 23 Mar 2024 - 22min - 1543 - Bava Metzia 23: Incidental SimanimFri, 22 Mar 2024 - 22min
- 1542 - Bava Metzia 22: Hospitality
Several sages were in an orchard, and a worker there gave them samples of fruit, but Mar Zutra did not eat. And then it seems that the orchard owner (Mar bar Isak, for a mini-Who's Who) may not really have wanted to provide fruit for his guests after all. Also, if one finds small sheaves in the public domain, the finder can keep them - even if they have an identifying mark. But when does the ye'ush - that despair of ever getting your lost object back - kick in?
Thu, 21 Mar 2024 - 12min - 1541 - Bava Metzia 21: Ye'ush and Siman
The daf begins the second perek of the masechet which starts with a mishnah discussing lost objects and when the finder does or does not have to find the owner. Two key concepts are involved: ye'ush and siman. The Gemara presents a fundamental machloket between Abaye and Rava.
Wed, 20 Mar 2024 - 18min - 1540 - Bava Metzia 20: Lost & Found: The Documents Edition
A new mishnah, still on returning lost documents. Beginning with letters that attest to a commitment of obligation or a repossession of property by the court, and more. Plus, when the matters are not clear and they will be set aside until Elijah the Prophet returns. Also, two towns of the same name - which is intended on a document?! Also, what happens when you find more than one document, whether in a bundle or a cluster? Whom do you return it to, and why?
Tue, 19 Mar 2024 - 22min - 1539 - Bava Metiza 19: What is the Norm?
The daf describes a variety of scenarios where documents are found and the different types of fraud that can be committed with a found document
Mon, 18 Mar 2024 - 24min - 1538 - Bava Metzia 18: Lost (and Found) Documents
A new mishnah! One who finds documents - bills of divorce, papers that free slaves, receipts, etc. - don't return them to the apparent recipient, in case they weren't actually given. Also, when the documents include names belonging to more than one couple - especially in a place where the caravans pass frequently vs. a place with few travelers, and less likely to find two couples of the same name. Plus, the question of whether she has received the ketubah... did she already receive her get? That may well depend on what the husband has to say - and maybe the time factor in how long since the get has been lost. Note that the dispute here is between texts, where the mishnah outranks a beraita.
Sun, 17 Mar 2024 - 15min - 1537 - Bava Metiza 17: Can a Ketubah Be a Get?
Bringing property disputes to court, especially when one part denies part of the terms or what is owed. Plus, the role of witnesses. But we do people trust that the disputant/denier isn't lying? Plus, a concrete case. Also, if one claimed that there were no witnesses, then the claim is fundamentally (likely to be) meaningless. Plus, the role of the ketubah, in an era when it wasn't yet universal. Plus, how the ketubah functions in the discussion of debts, denials, and other economic transactions.
Sat, 16 Mar 2024 - 21min - 1536 - Bava Metzia 16: People Share the World... And Stuff Happens
A robber who wants to go back and uphold the sale - so that he'll no longer be called a robber. Or so he'll be known as reliable and trustworthy). The question is what is the practical difference between these expressions of his goal? Also, if one finds a document of acquisition, one should return it to the owner, not the debtor. Plus, a payment plan as required in Neharde'a.
Fri, 15 Mar 2024 - 29min - 1535 - Bava Metzia 15: So Much Unfairness of a Robber's Payback
The case of one who buys land from a robber - what happens when the land has been improved? Who pays for that? Note that the robber may be able to pay back his theft with his land. Also, what if the buyer knows that the land itself does not belong to the seller (and then the owner comes to reclaim his or her land).
Thu, 14 Mar 2024 - 15min - 1534 - Bava Metzia 14: Protecting Your Property Purchases
The case of repossessing property that has been sold, with or without a guarantee to the buyer. Plus, two accounts of each case, each of which turns the case around. Also, to what extent does the seller have the responsibility to ensure that the funds reach the right people, but don't look like interest. Plus, making sure that the buyer can legitimately buy the property without having to give it back to the seller's creditor.⁰
Wed, 13 Mar 2024 - 23min - 1533 - Bava Metzia 13: When Promissory Notes Don't Clarify Matters
Found documents (eg, promissory notes) that show a lien on property - in the Gemara's commentary on the mishnah, trying to determine the specifics of the case of the mishnah. Plus, the impact of the case of the loan - where the document calls it into question. Plus, R. Eleazar and R. Yochanan dispute how to understand the dispute between R. Meir and the sages, about the promissory note.
Tue, 12 Mar 2024 - 20min - 1532 - Bava Metzia 12: Household Acquisition
Two mishnahs on this daf. The first deals with children, slaves, and one’s wife finding an ownerless object and to whom does it belong. The second deals with the case of a found document with a loan and to whom is it returned.
Mon, 11 Mar 2024 - 15min - 1531 - Bava Metiza 11: The Will to Acquire
A new mishnah - on the acquisition effected by a courtyard. How does the transfer of ownership take effect? What if the "courtyard" is an open field? What if the owner isn't present to demonstrate intent and/or to guard it? Plus, the case of a divorce, where the husband's intent acquires the bill of divorce to the woman - unless her courtyard is sufficient.
Sun, 10 Mar 2024 - 17min - 1530 - Bava Metzia 10: Falling On What You Want to Acquire
One who does a formal act of acquisition to acquire something for someone else - the Gemara now says that won't work, in contrast to the previous Gemara. The comparison to a debtor and creditor explains why. Plus, a rider asking for the reins of the animal he's riding - where the language used makes the difference. Also, a new mishnah: one finds an item and another party seizes it - who has acquired it? Plus, proximity isn't enough to acquire an object. The illustration case is pe'ah, acquiring the produce from the corners of a field - where the acquisition might be accomplished by proximity, but it's private property, so that won't work. Plus, how the 4 amot (proximity) acquisition takes effect.
Sat, 09 Mar 2024 - 21min - 1529 - Bava Metzia 9: Don't Push a Donkey
How does one NOT acquire an animal, using formal acts of acquisition that are effective in other circumstances. With a focus on animals. Also, how the formal act of acquisition for some property can be combined with the one for other property (for example, acquiring utensils together with the acquisition of an animal). Plus, the acquisition by one's property of other property, like a courtyard or a boat.
Fri, 08 Mar 2024 - 21min - 1528 - Bava Metzia 8: Taking Ownership from Someone or No One
Using a formal act of acquisition to take possession of an object on behalf of someone else - works! (Pending discussion whether it really does, and how that connects to the 2 who have taken hold of the talit in the first mishnah of Bava Metzia. Also, the formal kinyan of taking hold of an animal's bridle - which is complicated when that animal had been the property of a convert who didn't have heirs. Thus, the real difference between taking possession of something that had a previous owner, as compared to found property.
Thu, 07 Mar 2024 - 14min - 1527 - Bava Metzia 7: Hekdesh and Reshut
The daf continues to explore the question if one cab consecrate an item not in one’s reshut. A baraita has an opinion of Rabbi Shimon ben Gamliel that explains how a document can be split.
Wed, 06 Mar 2024 - 18min - 1526 - Bava Metzia 6: The Burden of Proof
What if one complainant grabbed more of the disputed object before the judges? It depends, to some degree, on the reaction of the other party. What if they are making other claims of ownership before the court? Can one be considered an owner if the item is not in that party's possession? The answer is no, the burden of proof falls on the one who can't lay physical claim. But what happens if one party consecrates the item? As it happens, one party consecrated a bathhouse, which led the sages to bathe elsewhere, lest they violate consecrated property. But that's a difficult conclusion, practically speaking, so they tried to get a better answer, exploring the question of a possible bekhor - first born.
Tue, 05 Mar 2024 - 22min - 1525 - Bava Metzia 5: Why We Don't Trust Shepherds
More on Rabbi Hiya and the kal va-chomer of agreeing to part of a claim - with an actual case! (including a partial agreement to a claim as established by testimony, which would require him to swear... unless he's a thief, and therefore exempt from swearing). Plus, "shevuat heseit." Also, the potential of shepherds to steal, tacitly, while the flocks graze elsewhere (but that's a private shepherd, not a public shepherd). Also, the fact that one who is suspected of thievery is trusted to take an oath (or maybe not).
Mon, 04 Mar 2024 - 25min - 1524 - Bava Metzia 4: Determining Facts on the Ground
Deriving the kal va-chomer reasoning got the stringent and lenient cases in testimony - and the strength of 2 witnesses (against the statement of the main person in question, eg, a defendant), in establishing the need for the party in question to take an oath regarding his claim. Also, different ways that one can confirm a partial claim and deny the rest - what happens then? When must an oath be taken? When must one may back what they've said they've paid (or the rest of it)? Plus, what happens when part of the terms are about a loan of land and part is vessels or utensils - when oaths for the sake.of one's claim about the transfer of land are not in use, without much explanation.
Sun, 03 Mar 2024 - 28min - 1523 - Bava Metzia 3: Oaths vs. Testimony
When two people claim ownership of an object, the "solution" is for both parties to swear an oath that each has nothing of the other's. Complicated by possible witnesses, and also the logic of a kal va-chomer. How much can testimony bring about - with regard to punishment and/or offerings on the part of the subject of the testimony.
Sat, 02 Mar 2024 - 22min - 1522 - Bava Metzia 2: It's Mine, Mine, Mine, Mine, Mine!
An introduction to Bava Metzia, and to the first chapter. Plus, the famous first mishnah - with 2 people laying apparently equal claim to a found object. Or two are riding on an animal and both claim ownership of the animal. They both swear and divide the item - to the extent possible, when there's no other way to ascertain the accuracy of each's claim.
Fri, 01 Mar 2024 - 27min - 1521 - Bava Kamma 119: Holding on to What Is Yours (Or Not)
Stealing from another is like taking a part of the soul of the owner of the item stolen. With proof texts, of course - including the biblical term, "hamas," which is not the meaning we know nowadays. More, extortion. In the context of the story of King Saul, the city of Nov, and the killing of kohanim. [Where's Where: Mehoza] Also, a new mishnah, on who owns the remnants of things when handled by specialists (the launderer, the carder of wool, a carpenter or chiseler, for example). With possible implications for where the crafting was done. Plus, the growing of certain plants and using them or not. And there the tractate ends, in medias res, so to speak.
Thu, 29 Feb 2024 - 26min - 1520 - Bava Kamma 118: Count Your Sheep!
4 mishnayot: Paying back an original owner should not take place in a deserted area. And: does one have to pay when one can claim ignorance of a need to pay back (certainty vs. unsure bring relevant). And: Stealing a lamb from a flock and returning it before anything happens to it - what happens if the owners knew? What happens if they didn't know? Rav, Shmuel, R. Yochanan, and R. Hisda has answers. And: The assumption that a wife isn't lying to her husband when selling animals in the marketplace - but let the buyer beware!
Wed, 28 Feb 2024 - 17min - 1519 - Bava Kamma 117: Comeuppance for R. Yochanan and the Resurrection of R. Kahana
Case reports and the rabbis' rulings: what happens when one Jew turns in another Jew to the authorities (specifically, objects). [Who's Who: Rav Kahana] A story: one who wants to show another's straw to the authorities, against better advice, and pays for that intent with his life. Which leads to a discussion of why the harsh response, including a window into the ways of the rabbinic academy. Plus, the drama between R. Yochanan and R. Kahana. Also, more cases of informants and thieves and the need (or not) to pay back. Plus, a new mishnah with an overflowing river.
Tue, 27 Feb 2024 - 30min - 1518 - Bava Kamma 116: The Laws of Caravans
The daf discussed what are the obligations when traveling with a caravan. Bonus: the daf instructs us on what to do if your caravan is being trailed by a lion.
Mon, 26 Feb 2024 - 21min - 1517 - Bava Kamma 115: The Law of the Marketplace
The decree of the marketplace - takanat ha-shuk. Where something stolen in the marketplace leads to ye'ush (despair) and new ownership, and difficulty in requiring payback by the new owner to the original owner. Also, a new mishnah - when one has a barrel of wine and another has a barrel of honey, and the wine owner pours out the wine to offer the barrel to the slavage the honey. That wine owner can't claim the honey owner owes him for the wine, unless there was a stipulation and agreement in advance. Also, donkeys crossing a river, where one leaves his own donkey to help save the other more expensive donkey....
Sun, 25 Feb 2024 - 30min - 1516 - Bava Kamma 114: Go Tell the Bees That They Are Home
A case of a Jew who is excommunicated because he's caused harm to another Jew, but via a non-Jew: selling a field that borders the property of Jew to a non-Jew. Plus, bees! And what happens when an aviary is on the border of one's property. Also, the Gemara's read of the mishnah's case of the bees. And to what extent casual conversation may count as testimony. And a second mishnah: When you see your stuff in someone else's possession. To what extent is robbery an issue in the place? That will determine whether the current owner needs to swear that he didn't steal them.
Sat, 24 Feb 2024 - 27min - 1515 - Bava Kamma 113: Excommunication
The daf describes when and how people are excommunicated if they do not listen to the beit din. A new mishnah discussed using funds we assume are stolen. The daf discusses if one may steal from a non-Jew.
Fri, 23 Feb 2024 - 23min - 1514 - Bava Kamma 112: Merciful Halakhah
When a thief steals food and feeds it to his children... they don't have to pay back. If he leaves it to the children, and they haven't eaten it yet, the question of how much they have to pay, or return, is subject to a dispute. Also, the case with an urgency to be resolved, which provides exceptions for who pays what back to whom, with apparent compassion for the one(s) who has to pay back.
Thu, 22 Feb 2024 - 19min - 1513 - Bava Kamma 111: Never Ever Ever Getting (It Back)
More on the priestly watch families - Yehoyariv and Yedaya - and why each gains or loses, in the event of a robber who swore falsely giving the guilt-offering via one family and the monetary payback via the other. Also, a new mishnah to start the final chapter, chapter 10: When one steals an object, and that object ends up with a third party - that third party doesn't owe the original owner. Plus, the relevance of ye'ush, despair, with regard to lost (or stolen) objects.
Wed, 21 Feb 2024 - 16min - 1512 - Bava Kamma 110: A Robbed Convert Without Heirs
A new mishnah which discusses the case on a previous daf of a robbed convert and the asham, principal, and chomesh that mist be brought. The Gemara lists the 24 gifts that are given to the Kohanim.
Tue, 20 Feb 2024 - 21min - 1511 - Bava Kamma 109: Principal and Chomesh
A new mishnah reviews cases where the principal and chomesh are paid. The daf later discusses the unique case of a thief who steals from a convert with no heirs.
Mon, 19 Feb 2024 - 16min - 1510 - Bava Kamma 108: Who Asks a Negligent Guardian to Watch Their Stuff Again?
More cases of false oaths, paying double, paying a fifth... yet not paying both double and a fifth (only one kind of fine per instance). Also, a case of an unpaid guardian, where the object he's guarding is stolen, and he can take an oath that he wasn't negligent or he can go to court, toe to toe with the thief.
Sun, 18 Feb 2024 - 18min - 1509 - Bava Kamma 107: How Can the Torah's Words Be Out of Order?!
One who falsely claims that a thief stole collateral - the obligation to pay fines for that false claim only once the false claim is proven. Which leads into a discussion of "agreeing to part" of a claim. The discussion is based on the biblical words, "ki hu zeh," which the Gemara explains needs rephrasing. Which is a dramatic statement for us to learn. Also, a review/introduction of the 4 shomerim (guardians, custodians).
Sat, 17 Feb 2024 - 20min - 1508 - Bava Kamma 106: Hekeish
Rav Huna teaches a statement of Rav about payment after one takes an oath and which cases this Rav’s statement applies. Rabbi Yochanon explains the verses in Exodus 22:6-8 and the importance of having certain verses next to each other.
Fri, 16 Feb 2024 - 23min - 1507 - Bava Kamma 105: Rava’s teaching
The daf contains an assorted collection of Rava’s teachings. Ben Azzai discusses the case of a witness who could have helped a litigant but swears falsely that he has no information to help him.
Thu, 15 Feb 2024 - 20min - 1506 - Bava Kamma 104: Paying the Fifth
What it means when one appoints an agent to receive payment via a repentant thief, for example. Especially if there are witnesses to the appointment. Of course, it's a machloket. Also, delving into the fifth extra that the robber pays his victim. Why does he owe extra? And to whom does he owe extra? Plus, fathers and sons who owe and swear, perhaps falsely.
Wed, 14 Feb 2024 - 19min - 1505 - Bava Kamma 103: Much Ado about a Bunch of Flax
A story used to assess halakhic stance: flax that is purchased, but not acquired, and then appreciates in value, and the shopkeeper sold it, with the intent to give the money to the original owner (Rav Kahana, in this case). What are the implications for ownership, interest, and the rights to the flax? Plus, how this can come to smack of robbery... Also, a new mishnah, where a thief swears falsely about what he's taken, and therefore has to pay a fifth above the principle he must pay back anyway.
Tue, 13 Feb 2024 - 21min - 1504 - Bava Kamma 102: Studying vs. Writing the Mishnah
A discussion between two Amoriam (Rav Yosef and Rav Huna) reveals that the order of how mishnayot were studied is different than how they were written down. Can a father consecrate his family’s possession? Can tefillin consecrated?
Mon, 12 Feb 2024 - 29min - 1503 - Bava Kama 101: Defining the Art of a Craft
Moving on from dying wool to carpentry: a chair vs. a bench. Also, what is the status of dye once it has been applied to wool - when it's coloring the wool. With cases from shemitah, the jubilee year, orlah, and more. Plus, the limitations on a dead body rendering a home impure - including whether the person bled in the home before he died.
Sun, 11 Feb 2024 - 17min - 1502 - Bava Kamma 100: Red and Black
The daf continues its discussion about moneychangers and coins. Finally the daf has the mishnah that has been quoted many times about wool that was dyed the wrong color and other errors made by an expert craftsman.
Sat, 10 Feb 2024 - 11min - 1501 - Bava Kamma 99: The Expert Slaughterer
The Gemara continues to discuss if a craftsman acquires a kli he makes an improvement on and relate this to a disagreement between R. Meir and the Rabbis. The daf also explores the category of shochet as a expert. What knowledge did Shmuel expect from his student?
Fri, 09 Feb 2024 - 16min - 1500 - Bava Kamma 98: Indirect Damages: Who Is Liable?
If one throws another's coin into the Mediterranean Sea, when is that exempt from paying back and when must you? Also, what if one burns a promissory note? Doesn't that cancel the debt, because there's no proof of the loan. Also, the indirect causation of damages - when is one liable for it, and when not (dina de-garmi). Also, the case of bread (chametz) that is stolen and returned after Pesach, so the item no longer has value - what is the thief obligated to pay, if at all? Plus, how this case leads into a discussion of shor ha-niskal, the ox that is to be judged for death because it killed a person - and is also prohibited from benefit. Plus, a new mishnah about when a craftsperson damaged the item one left for repair.
Thu, 08 Feb 2024 - 22min - 1499 - Bava Kamma 97: Worthless Coins
Comparing slaves to land and to movable objects - unpleasant comparisons, but useful in trying to understand whether one can steal another's slave. Plus, what happens if one squats in a courtyard of a friend from whom he has borrowed money? It smacks of ribit/interest. Also, more cases about changing money with regime change. Will paying back a loan be based on the coinage or the value of it at the time of the loan? Plus, you can't desacralize ma'aser sheni money
Wed, 07 Feb 2024 - 21min - 1498 - Bava Kamma 96: When Is a Palm Tree No Longer a Palm Tree?
When a thief improves what he's stolen and sells it or leaves the object to his heirs... the buyer acquires the right to that improvement. But what about if the thief is an idolator? Plus, what counts as an improvement? (With a palm tree as a case study) Also, a new mishnah, where the change to the animal is that it ages... or is reduced in value because of external reasons. Plus, the Gemara's discussion of aging leading to an increase in value.
Tue, 06 Feb 2024 - 20min - 1497 - Bava Kamma 95: Rebbi’s Meir and shinui koneh
The daf explores Rebbe Meir’s approach to the question of whether change to an object effects acquisition. A question to consider: does the robber gain from among an enhancement?
Mon, 05 Feb 2024 - 21min - 1496 - Bava Kamma 94: Rebbe’s Takana for Teshuva
The Daf continues its discussion on shinuy koneh and why the Halacha follow R. Shimon Ben Elazar. R. Yehudah HaNasi constructs a takana to encourage more people who steal to repent.
Sun, 04 Feb 2024 - 20min - 1495 - Bava Kamma 93: Making Something Your Own
If one person invites another to injure himself (or herself), both the physical injury and the damage to a family's reputation. Plus, when one invites another to cause damage to that first person's property. Also, a purse of charity funds that was stolen, and the guardian was not liable - but why not? Also, the beginning of chapter 9: with a focus on stealing an object and making changes to it.
Sat, 03 Feb 2024 - 17min - 1494 - Bava Kamma 92: Pray for Mercy on Others' Behalf
Last mishnah of the chapter: When one injures another, and pays compensation, he still isn't forgiven until the victim offers it -- as learned from the interaction between Avraham and Avimelech. At the same time, however, the victim is not allowed to hold a grudge. Also, 17 (18?) teachings or adages that were clearly known in the world that Rabbah bar Mari provides the sources for them in the Torah. Including poverty follows the poor, and if a friend calls you a donkey, prepare a saddle for your back.
Fri, 02 Feb 2024 - 25min - 1493 - Bava Kamma 91: When an Object Becomes a Weapon
Is there an assessment by the court to establish damages? Certainly, if the injured party is killed, the item is assessed to be a potential tool to kill, but what about if it's just an injury? Recall the "pit" that has a measure at which it's considered potentially killing (10 tefachim), but where less than that, the owner is only responsible for damages, not death. Also, is it permitted for a person to injure himself? What about cutting down his own trees? Under what circumstances are these acts that cause harm to oneself or one's property permitted?
Thu, 01 Feb 2024 - 25min - 1492 - Bava Kamma 90: What Judge Recreates the Cases He Judges?!
A bit more on Takanat Usha. Plus, a man who strikes his slave and the slave dies, the owner is punished with capital punishment. Also, a very long mishnah, with a price list, as it were, for various injuries and the appropriate compensation. Plus, more on Rabbi Akiva (starring in the mishnah), as to whether a witness can be a judge.
Wed, 31 Jan 2024 - 21min - 1491 - Bava Kamma 89: Back in Ketuvot
The daf entertains the idea that a woman may sell her ketubah to pay damages to someone she injured or to her husband she injured. The daf finally explains why this discussion about ketuvot appears in Bava Kamma.
Tue, 30 Jan 2024 - 22min - 1490 - Bava Kamma 88: A=B=C
The daf tried to determine why slaves are disqualified from being witnesses by comparing slaves to other categories of people. In the middle of the daf is an incident with the mother of Rav Shmuel bar Ava if Hegronya and what happened to her melug property after her death.
Mon, 29 Jan 2024 - 24min - 1489 - Bava Kamma 87: Personal Injuries
A new mishnah! It spells out a good number of cases that entail paying the 5 compensations, and when one would be exempt, including what happens when one strikes a parent and does or does not cause a bruise. Also, the Gemara here - beginning with one who injures a minor daughter (vs. an adult son), and carrying through to a trust for a son... and other monetary support.
Sun, 28 Jan 2024 - 20min - 1488 - Bava Kamma 86: Boshet (Humiliation)
On Boshet - humiliation. And how this compensation is assessed. Plus, which sage's opinion is represented in the mishnah. Also, a new mishnah- when one humiliates people on specific categories - a naked person, a blind person, and more - depending on when there is intent. The question of the degree of objectivity regarding what is considered humiliating is key. Plus, the Gemara narrows the apparent cases from the mishnah.
Sun, 28 Jan 2024 - 19min - 1487 - Bava Kamma 85: Repui and Boshet
The daf continues the discussion in different types of payments when a person injures another person specifically repui and boshet and how each is calculated.
Fri, 26 Jan 2024 - 18min - 1486 - Bava Kamma 84: An Eye for an Eye
When the Torah says, "an eye for an eye," how is that the Gemara concludes that the perpetrator compensates for the damage with money, rather than coming after him physically? Also, the deep topic of how to assess damages - to compare the injured party to a slave, which was, perhaps, logical, but nonetheless off-putting. Also, this particular assessment was only done in Israel, and not to be used in Babylonia.
Thu, 25 Jan 2024 - 25min - 1485 - Bava Kamma 83: If You Learn Greek, Must You Think Greek Thoughts?
Finishing up chapter 7... With more on the prohibition against Greek wisdom, and the language, as well as other "foreign" languages. Also, starting chapter 8, with the 5 categories of payment for personal injury.
Wed, 24 Jan 2024 - 17min - 1484 - Bava Kamma 82: Ezra’s Ten
The daf lists the 10 rules set up by Ezra HaSofer when he resettled the land. Plus there is mention of 10 rules only for Jerusalem. The daf returns to the discussion of what animals may not be raised in Eretz Yisroel by sharing an event that may explain why pig is the biggest non-kosher taboo.
Tue, 23 Jan 2024 - 27min - 1483 - Bava Kamma 81: The Ten
A barita describes ten rules established by Yehoshua when Bnei Yisroel settled the land. Another barita discusses how all of the tribes’ portions shared equal topography.
Mon, 22 Jan 2024 - 12min - 1482 - Bava Kamma 80: The Curative Properties of Goat Milk
More on the prohibition against raising certain small animals. Plus, the story of a pious person who had pain in his heart, and the doctors had no cure except for fresh goat milk from the source. Also, the respect paid to rabbis by each other, and the prohibition against owning a cat (especially white cats; black cats might be okay). Plus, signing on the dotted line to purchase a home in the land of Israel, even on Shabbat.
Sun, 21 Jan 2024 - 20min - 1481 - Bava Kamma 79: How Much Chutzpah? Ignoring God vs. Ignoring People
How a thief can take formal possession of an animal even while on the owner's property, depending on when the thief leaves that property, for example. Plus, a discussion of why the ganav is treated more stringently than a gazlan is. Also, a new mishnah: specific animals that were not allowed to be raised in the land of Israel. Including specific details of sheep, goats, chickens, and dogs, among other small(ish) animals, including what may be the original leash law.
Sat, 20 Jan 2024 - 22min - 1480 - Bava Kamma 78: Kilayim animals
How does the prohibition against mating diverse kinds of animals impact the fourfold or fivefold payments. Plus our favorite halakhic animal the Koy appears on the daf. A new Mishnah discussed what happens when only part of the animal is sold after it is stolen.
Fri, 19 Jan 2024 - 19min - 1479 - Bava Kamma 77: Meat - Holy and Treif
A tiny page of Gemara on amud left, with a massive amount of commentary by the Baalei HaTosafot - on the red heifer, and a parallel discussion from the tractate Hullin. Specifically, on whether the meat of kodshim and dough can join together to form a minimum measure (spoiler: they do not). Also, more on the slaughtering that takes place with the animal that has been stolen.... and how an animal that has been improperly slaughtered can be accounted for.
Thu, 18 Jan 2024 - 16min - 1478 - Bava Kamma 76: Answers from Eretz Yisroel
The daf examines the opinion of Rabbi Shimon and his distinction between payment of the fourfold or fivefold fine in the case of a korban with achraut versus a korban without achraut. Rabbi Yochanon and Reish Lakish disagree how to understand Rabbi Shimon and what is the significance that this discussion quotes amoraim from Eretz Yisroel?
Wed, 17 Jan 2024 - 18min - 1477 - Bava Kamma 75: Can a Thief Get Out of Penalties by Coming Clean?!
[Who's Who: Rabban Gamliel and Tavi] The case of witnesses and admission, and when in that timeline one's obligation to pay a fine kicks in. Plus, the involvement of the court in the payment, and how far the court (and the witnesses) can go in charging the penalty. Plus, the thief's admission. Also, the different functioning of admission, and whether it gets one out of paying or ropes one into paying more.
Tue, 16 Jan 2024 - 20min - 1476 - Bava Kamma 74: 70a vs. 74b
More on the disagreement between Abaye and Rava on the Mishnah from 70a. The daf then shares a new Mishnah which is the inverse of the Mishnah on 70a.
Mon, 15 Jan 2024 - 19min - 1475 - Bava Kamma 73: Contradictions as the Beginnings of Conspiracy Theories
Rabbi Yosi's opinion on the witnesses who saw the theft and the slaughter or sale. Plus, a conversation about the generations of dispute in this arena. Also, Rava on the potentially conspiring witnesses.
Sun, 14 Jan 2024 - 15min - 1474 - Bava Kamma 72: The Moment of Shehitah
More on the halakhot about slaughtering an animal that was stolen or consecrated, but slaughtered in the wrong place in the Temple - such that the slaughtering itself considered the very last moment, because otherwise, the act that is considered the moment of slaughtering would complicate the prohibitions against certain animals, like one stolen or consecrated. Also, a new mishnah: When a person steals an ox or a sheep - and there are witnesses to that effect, and also to the fact that the thief then slaughtered the animal or sold it, and then the witnesses are found to be conspiring witnesses - they need to pay the complete pay-back. Plus, all the permutations of when the witnesses saw what.
Sat, 13 Jan 2024 - 23min - 1473 - Bava Kamma 71: Cooking on Shabbat
The daf discusses a three way disagreement between Rabbi Meir, Rabbi Yehuda, and Rabbi Yochanan HaSandlar on the status of food cooked on Shabbat and how it relates to our case of slaughtering on Shabbat. Rava tries to understand the case if a stolen ox owned by two people but the thief increases his crime to only one of the owners.
Fri, 12 Jan 2024 - 18min - 1472 - Bava Kamma 70: Rabbinic Power of Attorney
A practice from Neharde'a - where writing a document of agency or power of attorney was not permitted. (With the discussion of what the issues were) Also, a new mishnah - about stealing and then slaughtering it, when does one need to pay the penalty of the 4 or 5? Including the return of "kim leih be-derabbah minei" - when one I'd only given the harsher punishment for two violations in one act.
Thu, 11 Jan 2024 - 26min - 1471 - Bava Kamma 69: Discreet Efforts against Thievery
More on R. Yochanan's position... and attempts to determine whether he really held the position ascribed to him. With a counter from chases in another mishnah: kerem revai, orlah, graves - all of which were demarcated spaces so that people wouldn't fall into violations of impurity on the one hand, but theft on the other (which leads back to R. Yochanan). Also, more on those pious, righteous, discreet people who would act to deconcretize to protect the ignorant from stealing... in this case, taking it further, to the poor and making sure that they aren't stealing. But what if the items are being held by a thief? Also, more on the implications of the various cases in the shemitah year.
Wed, 10 Jan 2024 - 25min - 1470 - Bava Kamma 68: The Timeline of Despair
Selling a stolen animal and the penalty incurred during the time when the owner is or is no longer hoping to get the animal back - subject to a machloket on whether the despair of the owner getting the animal back. The extra 4 and 5 payment only kicks in once the theft is "forever." After despair, the thief takes full possession, and the original owner is compensated. There is an important discussion here regarding whether the animal is sold or slaughtered. Plus, note R. Sheshet's view and R. Nachman's view. Also, a clearly articulated dispute between R. Yochanan and Resh Lakish - until the reasons for their dispute are put through the wringer, and nothing is clear anymore. Including why a thief (and also an owner) would consecrate a stolen animal.
Tue, 09 Jan 2024 - 24min - 1469 - Bava Kamma 67: A Rose is a Rose is a Rose
Is a changing an object a mechanism by which someone can acquire an object or does it always maintain its identity as the original object? Why does the rule of fourfold and fivefold payment only apply to the sheep and ox?
Mon, 08 Jan 2024 - 19min - 1468 - Bava Kamma 66: Despair
How a thief acquires a stolen item, via the thief's changing the item or the despair of the owner that it will never be recovered (the thief still has to compensate the owner for the item). Plus, Abaye's arguments against the impact of despair on the thief's taking possession of that which he has stolen. Also, the difference between a "ganav" (who steals with stealth) and a "gazlan" (who steals brazenly), and which is more likely to cause despair.
Sun, 07 Jan 2024 - 20min - 1467 - Bava Kamma 65: When the Thief Wins
When the thief pays back what he owes plus the double, is the value assessed from the time of theft, or from the time of judgement? What if the value of an animal stolen increases? Also, what about the stolen item undergoing significant change while in the possession of the thief? That process means that the thief actually acquires the stolen item. But this is difficult. The thief comes out ahead! Plus, a comparison to Yaakov in the house of Lavan.
Sat, 06 Jan 2024 - 16min - 1466 - Bava Kamma 64: Getting Out of Paying the Fine
What do the different animals mentioned in the verse teach us about these categories of theft? Also, the question of whether the main case in the verse is theft or a custodian who claims theft - which makes a real difference - and the two interpretations are read through every detail.
Fri, 05 Jan 2024 - 19min - 1465 - Bava Kamma 63: Thievery vs. A Claim of Thievery
What happens when a person comes to collect the item that another US safeguarding, and the guardian says - it was lost (or stolen). The guardian can be asked to swear to the veracity of his claim. But then other means (witnesses) attest to the fact that that claim was a lie. What kind of compensation does he have to pay the owner? Also, an investigation into baraitot that teach the handling of a thief - if he's found or not. And running through the text, the ongoing dispute whether the case is a thief or a claim of theft. And how do the biblical verses teach the details of the false claim?
Thu, 04 Jan 2024 - 18min - 1464 - Bava Kamma 62: Hidden Responsibilities and the Penalties for Theft
The case of one who gives a gold coin to a woman, and tell her that it is silver - what is she obligated to pay if it's damaged? Or lost or stolen? Given that she has no idea that the coin is gold (maybe she wouldn't have agreed to watch over a silver coin). Plus, some confusion by Rav about R. Yehudah's teaching. Also, 2 new mishnayot, one to end the chapter, and another to begin the new chapter. Reconnecting to Chanukah candles and the damage caused by fire - flax on a camel and a shopkeeper's Chanukah candles, as is mentioned earlier in Bava Kamma too. And the opening of Perek HaMerubah - the penalties for stealing an item, for damaging after theft, and when those penalties are not put into play.
Wed, 03 Jan 2024 - 24min - 1463 - Bava Kamma 61: It's No Surprise That Buildings Contain Things
Several mishnayot. Beginning with more on fire, if it crossed a public road, a river, a wall - barriers that usually prevent the spread of fire. With a delving into issues of the wall. Plus, recognizing different kinds of fire. Also, fire set on another's property. And what about if that fire destroys things that were hidden, such that the fire-setter wouldn't have known to expect them to be there? It's a machloket if he has to pay.
Tue, 02 Jan 2024 - 17min - 1462 - Bava Kamma 60: Who By Fire
A Mishnah describes the ways in which someone is liable for damages caused by fire. Rabbi Yitzchak Nafcha gives an aggaditc and halachic interpretation of Shemot 22:5. The daf also shares a halachic inquiry from King David leaving the learner to ask what can be learned from this question?
Mon, 01 Jan 2024 - 21min - 1461 - Bava Kamma 59: How Mourning the Temple Is Relevant to Damages
More on R. Nachman's assessment of damages for the chopped-down tree, and his arrival at one-sixtieth of the value. Plus, the story of wearing black shoes like a mourner in the home of the exilarch, and how it can be a sign or piety or arrogance. With a test case to determine the difference going back to this kind of 1/60th. Also, 2 mishnayot about damage to one's produce in another person's yard, or as brought to the threshing floor, plus fire in the hands of those who can't be responsible enough for preventing damage by fire.
Sun, 31 Dec 2023 - 15min - 1460 - Bava Kamma 58: When an Animal Gives Birth on Another's Property
An animal that wanders into someone's private property and causes damage - the owner of the animal is liable. But if the animal caused damage because it gave birth, that is a case that begins with negligence, but the damage is because of an accident, as it were. Perhaps that means the animal's owner is exempt from paying because the damage was unavoidable. Or should the owner have guarded the animal even more carefully? Also, the case of a person who cut down a date palm, one of three in a little grove, and the case is brought to the exilarch for adjudication. Until the perpetrator rejects the civil authority, and the cad comes before R. Nachman.
Sat, 30 Dec 2023 - 12min - 1459 - Bava Kamma 57: Shomer Sacher vs Shomer Chinam
The daf explores a disagreement between Rabbah and Rav Yosef over the status of person watching a lost object. Rabbah compares this to a Shomer chinam who is not liable if the object is lost or stolen. Rav Yosef compares this to a Shomer Sacher who would be liable if the object is lost or stolen.
Fri, 29 Dec 2023 - 13min - 1458 - Bava Kamma 56: When the Heavenly Court Steps In
4 violations for which a person is not liable in the human court, but the heavenly count will take an accounting. Also, specific treatment of some of the cases in the mishnah regarding liability - if a sheep enclave has been broken, whether by robbers or animals, the owner of the sheep is exempt from any damage they might cause. If robbers stole the sheep, then the robbers are responsible for their damage. If one designates a shepherd to care for thr sheep... how far does his responsibility go? Plus, the sharp question of returning a lost object, but before its returned - what is the status of the person returning? How much responses that person haevfoe the item itself?
Thu, 28 Dec 2023 - 22min - 1457 - Bava Kamma 55: Everlasting Good for the Jewish People
An apparent tangent about why the first account of the Ten Commandments in the Torah has the word "good," and the second account does not. Plus, if you see the letter tet in a dream (with some caveats), it means good will befall you... Also, the 5th perek, with a new mishnah - what happens when one's sheep are damaged? We seem to have moved on from the oxen, at least in part, and the concerns are different, specific to the animal. And not only because they don't have horns to gore.
Wed, 27 Dec 2023 - 17min - 1456 - Bava Kamma 54: When an Ox is More than an Ox
The Gemara discusses the case of a blind or deaf Ox that causes damages. Then a new Mishnah that teaches there are eight times in the Torah where a specific animal is mentioned in relation to a law but the law applies to all animals and birds. The Gemara questions when the word Kol is used is it to be understood as inclusionary or part of a generalization, specification, generalization sequence.
Tue, 26 Dec 2023 - 17min - 1455 - Bava Kamma 53: When the Ox and Pit Damage Together
Rabbi Natan has an interesting calculation for damages when both the ox and pit are responsible. Rava discusses a case where the damagers are person, ox, and pit and all the different types of damages each one needs to pay or is exempt.
Mon, 25 Dec 2023 - 15min - 1454 - Bava Kama 52: Good Enough for an Ox, But Not for a Camel
A pit and its passersby - where one person covers a cistern, the next person does not...who's liable? And at what point is the owner's covering of the pit recent enough to make him exempt from paying damages? What happens if a pit is open because it is being expanded, and the noise of the construction startles an ox so it falls into it - the owner will be liable (or not), depending on which direction it falls in. If the animal falls on the vessels it is carrying, then the owner of the put is not liable for that damage. Plus, an ox that is a deaf-mute, cognitively impaired, or a minor... Also, if an ox breaks through a damaged cover to a pit... Is the owner of the pit liable, or was the ox just unexpectedly heavy? What if the cover works to protect an ox from falling through, but doesn't protect camels, is the owner negligent? Also, why are the camels in the Gemara here, but not the mishnah? Could the case cover all animals, or is that too much to expect?
Sun, 24 Dec 2023 - 18min - 1453 - Bava Kamma 51: Injured Animals, Cisterns, and Water
A case of an ox that falls into a 6-tephachim deep irrigation ditch, which injured it, perhaps fatally. Plus, a new mishnah about a pit that has 2 owners - and their respective liabilities. Where the order of their actions makes a difference in terms of obligation to pay. And which ends up being a very specific case. Also, the discussion shifts to filling bottles with water that they both can draw and then the old discussion of "bereirah," designations that help define responsibility.
Sat, 23 Dec 2023 - 19min - 1452 - Bava Kamma 50: Nechunya’s Pits
The dad shares a very well known story about Nechuyna who dug ours and how Rabbi Hanina Ben Dosa saves his daughter. A new Mishnah explains more halachot about the digging of pits. The Gemara then discussed a disagreement between Rav and Shmuel about what actually is the cause of death when a person or animal falls into a pit and the answer is surprising!
Fri, 22 Dec 2023 - 22min - 1451 - Bava Kamma 49: Not Just Piles of Money
A new mishnah, this one more challenging, in that it deals with miscarriage (and women in general). A person hits a woman and she miscarries, he pays her husband accordingly. What happens when the damage is done by an ox? How is the value of the lost pregnancy evaluated? With difficult elements... Also, the Gemara in this mishnah - addressing the question of assessing the value of the fetus (or rather, the value of the woman who has miscarried). Probing the question of whether the woman's value increases or decreases because of the potential child... Including an unusual perspective of R. Shimon ben Gamliel, and as explained by Rava. Plus, another disturbing exposition by R. Sheshet regarding the husband getting payment in place of the wife or even their heirs - reducing the child of the lost pregnancy, beyond the technical need to assess worth for monetary compensation. Also, another mishnah, this time on "bor," pit.
Thu, 21 Dec 2023 - 23min - 1450 - Bava Kamma 48: Crouching Ox, Hidden Pit
The Daf discusses a statement by Rava that if an Ox crouches and causes damage the owner is exempt from paying damages. Kofer appears again on this Daf with a discussion of three interpretations of the Mishnah’s statement that if the ox falls into a pit and kills the homeowne’s father or son the owner of the ox pays kofer.
Wed, 20 Dec 2023 - 18min - 1449 - Bava Kamma 47: Eating Poison
What happens if someone brings property into someone else's private domain, without permission, then the homeowner is exempt from paying for any damage to that property. With all expected ramifications... Permission to be there makes a difference, but what if the owner didn't watch his property well? Also, if one brought produce I to another's domain and the homeowner's animal was injured - by slipping on the produce or by eating it, there are many questions regarding liability - and who is responsible for making sure that the animal didn't do damage to the produce) (or that the produce didn't harm the animal).
Tue, 19 Dec 2023 - 21min
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