Saturday 23 July 2016

Bava Kamma 53: daf 52 and Being Pushed into a Pit

A quick review of Bava Kamma 52: the rabbis speak about acquisition a home through the transfer of the house key.  A wonderful analogy is shared with us.  When a shepherd works with his flock, he puts a bell on one goat and it will lead the others.  When he is mad at his flock he puts the bell on a blind goat - leading the flock to their despair or their deaths.  Similarly, when G-d is mad at the Jewish people, he appoints inappropriate leaders.  

The remainder of the daf discuss what should be done if a pit's cover has been protected for oxen but not for camels.  Most importantly, we learn about one of the basic considerations in Bava Kamma: should the owner expect camels to walk in that area, or is it unusual to find camels there?  Owners are expected to have a reasoned understanding of their circumstances and their resulting liabilities.

Today's daf focuses on how a person or an animal might fall into the pit and the effect that could have on the owner's liability.  Does it make a difference if one falls face first or back first? What if there are fumes in the pit - might that make a difference in how one falls.  But what if an animal was pushed into the pit by an ox?  Who is liable, and for how much of the damages?   How does it change things if one ox is tam and the other is mu'ad?  How does it change things if one ox is consecrated?




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