Monday 18 July 2016

Bava Kamma 48: Visitors, Damage, and Categories

The rabbis discuss the different categories of damages that are incurred when a person brings an animal who does damage in another person's home.  A couple of examples offer more comic relief than information.  A woman enters another woman's home to bake bread.  The homeowner's goat dies from overheating after eating the hot dough.  The rabbis wonder whether the woman is responsible or not for the death of the goat - was she given permission to enter?  Was she safeguarding the goat?

Another example is a person who brings his ox into another's courtyard where the ox defecates, soiling the clothing of the courtyard's owner.  The ox's owner is not responsible for the damages incurred because feces fall under the category of Pit, and the owner is exempt according to the rules of that category.

Other examples are used to understand when damage is caused to utensils, when damage is caused directly and indirectly, and when damage is caused by an ox falling on a person or defecating into water.  

A new Mishna begins at the end of today's daf.  It tells of a case where an ox intending to gore another ox instead gores a pregnant woman.  The ox's owner pays for the value of the fetus.  But how is that value assessed?  First, the mother's value is assessed if sold as a maidservant before giving birth and then after giving birth.  The difference in that value is paid to the woman's husband.  But this doesn't make sense - a woman gains in value after going birth!  Perhaps the fetus is valued based on its worth.  The amount would be given to her husband or his heirs.

Again we are presented with an example of damages paid to a person who does not suffer a physical loss.  Yesterday we looked at a slave whose hand was cut off.  Compensation went to his master.  Yes, the master has lost an asset, but he has not lost his hand!  He has not lost his baby!  These are poignant examples of the differences between ancient sensibilities and modern understandings.

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