The rabbis walk us through a number of examples to elucidate their point: a borrower must have taken on the responsibility of safeguarding a lender's ox to be liable for any damage that that ox might cause. Questions arise when a courtyard is owned by more than one person. And whether full or partial payment are owed in these different situations is yet another consideration. The Gemara is complicated.
We learn a new Mishna in amud (b): When determining damages, monetary appraisal is used and money is paid before a court. The testimony must be based on witnesses and those witnesses must be free and Jewish. They can be women, too. Damages can be paid both by the injured person and the person responsible for the damages.
What is monetary appraisal? The appraisal should be stated in monetary terms. An example is shared where a cow injures a talit (also translated as a cloak); the talit gets wrapped in the cow's legs, causing it to trip and become injured. Monetary appraisal focuses on the worth of each item first, the monetary damage done to each item, and then how much each cost offsets the other.
What does it mean that the items must be "worth money"? The rabbis discuss the need for guarantees; items must not be subject to 'price fraud'. What about slaves and documents? Rav Ashi says that things must be worth money but cannot actually BE money - and slaves and documents are movable property; they are money. What about collecting from orphans? The rabbis suggest that property must be collected while a person liable for damages is still alive.
What does it mean when the Mishna says, "before a court"? Is it about the timing; when one presents before a court? Is it reflecting the need for ordained judges?
What does it mean when the Mishna states, "based on the testimony of witnesses?" Does this exclude a person who pays a fine? or who comes forward later? Does this have to do with the clause about Jews and the exclusion of Gentiles?
This questioning will continue in tomorrow's daf.
Posts
No comments:
Post a Comment