Talking Talmud
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Bava Kamma 77: Meat - Holy and Treif
January 18, 2024 06:28 - 16 minutes - 15.5 MBA 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.
Bava Kamma 76: Answers from Eretz Yisroel
January 17, 2024 05:15 - 18 minutes - 17.5 MBThe 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?
Bava Kamma 75: Can a Thief Get Out of Penalties by Coming Clean?!
January 16, 2024 08:45 - 20 minutes - 19.6 MB[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.
Bava Kamma 74: 70a vs. 74b
January 15, 2024 06:27 - 19 minutes - 18.1 MBMore 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.
Bava Kamma 73: Contradictions as the Beginnings of Conspiracy Theories
January 14, 2024 07:30 - 15 minutes - 14.7 MBRabbi 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.
Bava Kamma 72: The Moment of Shehitah
January 13, 2024 21:56 - 23 minutes - 21.4 MBMore 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 th...
Bava Kamma 71: Cooking on Shabbat
January 12, 2024 06:50 - 18 minutes - 16.9 MBThe 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.
Bava Kamma 70: Rabbinic Power of Attorney
January 11, 2024 08:53 - 26 minutes - 24.2 MBA 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.
Bava Kamma 69: Discreet Efforts against Thievery
January 10, 2024 08:57 - 25 minutes - 23.8 MBMore 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, t...
Bava Kamma 68: The Timeline of Despair
January 09, 2024 10:24 - 24 minutes - 22.6 MBSelling 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....
Bava Kamma 67: A Rose is a Rose is a Rose
January 08, 2024 07:58 - 19 minutes - 17.7 MBIs 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?
Bava Kamma 66: Despair
January 07, 2024 07:33 - 20 minutes - 19.4 MBHow 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.
Bava Kamma 65: When the Thief Wins
January 06, 2024 20:22 - 16 minutes - 15.1 MBWhen 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.
Bava Kamma 64: Getting Out of Paying the Fine
January 05, 2024 08:08 - 19 minutes - 17.7 MBWhat 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.
Bava Kamma 63: Thievery vs. A Claim of Thievery
January 04, 2024 06:32 - 18 minutes - 17.2 MBWhat 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 i...
Bava Kamma 62: Hidden Responsibilities and the Penalties for Theft
January 03, 2024 06:57 - 24 minutes - 22.8 MBThe 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 shopkeepe...
Bava Kamma 61: It's No Surprise That Buildings Contain Things
January 02, 2024 10:18 - 17 minutes - 16.4 MBSeveral 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.
Bava Kamma 60: Who By Fire
January 01, 2024 09:41 - 21 minutes - 19.9 MBA 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?
Bava Kamma 59: How Mourning the Temple Is Relevant to Damages
December 31, 2023 08:00 - 15 minutes - 14.5 MBMore 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 e...
Bava Kamma 58: When an Animal Gives Birth on Another's Property
December 30, 2023 20:19 - 12 minutes - 11.3 MBAn 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 li...
Bava Kamma 57: Shomer Sacher vs Shomer Chinam
December 29, 2023 05:37 - 13 minutes - 12.5 MBThe 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.
Bava Kamma 56: When the Heavenly Court Steps In
December 28, 2023 09:35 - 22 minutes - 21.1 MB4 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 g...
Bava Kamma 55: Everlasting Good for the Jewish People
December 27, 2023 06:43 - 17 minutes - 15.8 MBAn 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.
Bava Kamma 54: When an Ox is More than an Ox
December 26, 2023 05:35 - 17 minutes - 15.9 MBThe 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.
Bava Kamma 53: When the Ox and Pit Damage Together
December 25, 2023 06:18 - 15 minutes - 14.5 MBRabbi 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.
Bava Kama 52: Good Enough for an Ox, But Not for a Camel
December 24, 2023 06:00 - 18 minutes - 17.5 MBA 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 ...
Bava Kamma 51: Injured Animals, Cisterns, and Water
December 23, 2023 23:50 - 19 minutes - 17.8 MBA 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.
Bava Kamma 50: Nechunya’s Pits
December 22, 2023 05:34 - 22 minutes - 20.7 MBThe 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!
Bava Kamma 49: Not Just Piles of Money
December 21, 2023 06:25 - 23 minutes - 22.1 MBA 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 val...
Bava Kamma 48: Crouching Ox, Hidden Pit
December 20, 2023 05:55 - 18 minutes - 17.5 MBThe 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.
Bava Kamma 47: Eating Poison
December 19, 2023 17:59 - 21 minutes - 19.7 MBWhat 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 r...
Bava Kamma 46: Dividing Disputed Property
December 18, 2023 13:36 - 14 minutes - 13 MBChapter 5, and its opening mishnah: If an ox (a "tam" ox) gores a cow, and the cow was pregnant and the calf is found outside of the cow, is that because of delivery or because of the goring? With real implications for paying damages. And vice versa, if a cow gored an ox and delivers a calf (or it was aborted because of the goring). Plus, turning to Somchos's view of disputed property being divided between the claimants vs. the majority view that the burden of proof is on the one claiming he'...
Bava Kamma 45: The Only Sure Protection against a Goring Ox
December 17, 2023 17:50 - 18 minutes - 17.1 MB2 mishnayot: one on the timing of the court's decision regarding an ox that has killed and might need to be out to death, and how that impacts the value of the carcass. Plus, the 4 guardians (shomerim), and how they undertake the role of the owner. Also, what must one do to guard a mu'ad ox, sufficiently? The only certainty is when the ox has been put to death. But with dispute, of course.
Bava Kamma 44: The Intent of Animals
December 16, 2023 21:42 - 15 minutes - 14.8 MBMishnayot! If an ox goes to do one thing, including intending to kill another who is not the one who was killed, the ox is "exempt." Plus, when subsequent damage (or death) to something the ox is accustomed to doing... It's not really considered the ox's intent to damage/kill. Also, the verse that establishes how a person is held accountable for premeditation. Plus, a mishnah on the different categories of owners of a killing ox, and which owners (according to whom) are still fully liable.
Bava Kamma 43: Unintentional Death
December 15, 2023 07:00 - 23 minutes - 21.3 MBWhen a slave or freeman is killed unintentionally the fine and Kofer imposed on the owner is not paid. The daf also discusses what happens when someone dies by fire unintentionally.
Bava Kamma 42: A Prospective Asset
December 14, 2023 09:20 - 20 minutes - 19 MBThe daf brings a disagreement between Rav Asi and Rabbi Akiva on paid damages for a killed Eved Caanani. The Gemara quotes a barita discussing how a lifer payment on a woman killed by an ox goes to her heirs and not her husband and why.
Bava Kamma 41: The Killer Ox
December 13, 2023 06:21 - 17 minutes - 15.8 MBThe Daf begins with a Mishnah that states an Ox that kills a person is stoned and other relevant halakhot. The Gemara shares a careful reading of a verse in Exodus about whether any benefit may be derived from a killer ox.
Bava Kamma 40: Atoning for a Goring Ox
December 12, 2023 20:22 - 19 minutes - 18.2 MBEstablishing "kofer," the payment paid by the owner of a mu'ad ox that killed a person - as a measure of atonement. Or is it just part of damages? That's a machloket, or a machloket whether it's a machloket! Plus, the question of the stadium ox - what is the degree of its innocence? Can it be offered on the altar as a sacrifice?
Bava Kamma 39: Stadium Oxen
December 11, 2023 05:41 - 19 minutes - 18.4 MBA new mishnah: How does the status of the owner have impact on the obligation to pay damages in the event of one's ox goring another? Specifically, one who is considered halakhically responsible, as compared to "heresh, shoteh, ve-katan," the deaf-mute, someone who is cognitively impaired, or a minor. In the event of an ox trained to fight (as in bull-fighting), an ox that kills a person isn't put to death. Also, the handling of the above kinds of cases with an apotropos - an agent appointed ...
Bava Kamma 38: Fulfilling Your Role on Earth
December 10, 2023 16:30 - 22 minutes - 21.4 MBSome aggadata... Addressing the verse that teaches the Jew vs. non-Jew's goring ox and the obligation to pay. Which explains why a Canaanite's ox would incur full damages. Plus, a discussion of the obligation to keep commandments that they didn't want to keep - and the lack of reward for them. And the principle that those who are commanded get greater reward for fulfilling those commandments. Also, the death of a daughter of a sage who comes from a family of converts, and how Ulla first refus...
Bava Kamma 37: Selective Goring
December 09, 2023 19:08 - 26 minutes - 24.1 MBHow the ox becomes mu'ad, and how am ox can be expected to gore some, but not others (including with regard to other species). Also, how frequently, and in what pattern, does an ox need to gore to be mu'ad? What about monthly goring, or plus a day? Also, a new mishnah about who owns the animals - Jews, the Temple, and non-Jews.
Bava Kamma 36: How Many Oxen Can An Ox Gore
December 08, 2023 06:21 - 16 minutes - 15.5 MBA new Perez starts off with a Mishnah discussing what happens with damages payments when a tam ox gores multiple oxen owned by multiple people. The Gemara examines if liability can be moved from the owner to someone else.
Bava Kamma 35: The Burden of Proof
December 07, 2023 15:36 - 19 minutes - 18.1 MBCases of damage by the animal vs a person - where the question of who is liable that can be less pleasing to the person who has suffered damage, and might not get paid back. Specifically, when does a person's intent make a difference with regard to paying damages (or getting paid for them)? Plus, a new mishnah: One ox chases another ox, which is subsequently damaged, and the owner blames the other ox, but that ox's owner claims the damage took place in some other way. Who wins? The one seekin...
Bava Kamma 34: How Much Is That Ox Worth?
December 06, 2023 06:30 - 21 minutes - 20 MBA discussion of the goring oxen, with monetary values attached - which raises the question of appreciation and depreciation, and how the changes in value may have impact on how the damages are evaluated. Plus, two mishnayot on the daf, the first of which introduces (as it were) the monetary values of oxen that gore each other - which an application of the biblical verse regarding these cases. Also, the valuation of an ox's carcass, as part of the payment. Plus, the case where the valuation of...
Bava Kamma 33: If Your Ox Gores My Ox...
December 05, 2023 16:06 - 14 minutes - 13 MBA new mishnah: Oxen that gore each other - who pays how much depends on which animal is how damaged, and then depends on the status of the oxen. Likewise if an ox gores a person, or a person an ox. Except that Rabbi Akiva disagrees, and the Gemara addresses why. Also, a second mishnah, on the question of the value of the carcass of the ox - and, again, Rabbi Akiva has a different view - this time, disputing Rabbi Yishmael.
Bava Kamma 32: Damages and Unexpected Parallels
December 04, 2023 15:05 - 22 minutes - 21.2 MB3 new mishnayot: the first, about the damage of a person with a barrel and the other with a beam, who collide in the public domain. If the beam damages the barrel, when, if ever, does the beams owner have to pay damages? Which leads the Gemara to draw a parallel to a husband who injures his wife in sexual intercourse. And the next mishnah: When rushing in the public domain, when one is held liable for damages, and one is credited for greeting the Shabbat Queen. And lastly, entering another's ...
Bava Kamma 31: Pileup
December 03, 2023 05:59 - 15 minutes - 14 MBIf someone falls and then causes another person to be injured are they liable? Do they need to warn the people behind them?
Bava Kamma 30: Everyone Has a Portion in the Land of Israel
December 02, 2023 21:06 - 12 minutes - 12 MB2 mishnayot! The first one addresses damage caused by something put in the public domain - specifically, one who hides something damaging or makes a fence out of something damaging (like with thorns), when others are damaged, the owner needs to pay full damages. The Gemara narrows the application of the mishnah's more general case quite a lot - how can water do damage on the ground in the public domain? The second mishnah addresses the carting of fertilizer that benefits from the trampling of...
Bava Kamma 29: Ownerless objects
December 01, 2023 09:41 - 19 minutes - 17.8 MBThe daf clarifies cases of negligence and what is the liability if an owner for an object one declares ownerless but then damages someone.
Bava Kamma 28: Don't Take the Law into Your Own Hands
November 30, 2023 05:47 - 18 minutes - 16.9 MB[Who's Who: Ben Bag Bag] The Gemara brings a lot of cases to argue that one cannot take the law into his or her own hands - even when it comes to making a new path in the public domain. Plus, the donation, so to speak, of one's property to expand the public use, it remains with the public domain - he can't take it back. Also, a new mishnah: a jug that breaks in the public domain, which leaves damaging elements - the liquid or the shards of pottery.