Bava Kamma 2: Primary and Secondary Categories of Damages

Bava Kama is the first Masechet of Nezikin, Damages.  We begin with a Mishna that teaches us some of the very basic concepts, which is perfect for beginners.  In fact, today's daf had me wishing that Daf Yomi began with Masechet Bava Kama.  Some of the concepts that I have been learning for years are suddenly explained with clarity and simplicity.

Our Mishna teaches us that there are three primary categories of damages: Shor, Ox; Bor, Pit; Malveh, Tooth, and Hever, fire.  Each of these is distinct and separate from the other.  Each of these categories causes damage in its own typical way.  The owner is responsible for damages caused by these categories, and damages are paid through one's land - not just any land, but one's best quality land.

The Gemara walks us through the differences between primary and secondary categories.  Each of these primary categories has subcategories that are similar to the primary categories.  Sometimes it is difficult to determine why a subcategory is affiliated with one primary category rather than another.  The rabbis ask why we separate categories as we do.  Primary categories represent labour that was done within the Tabernacle, while subcategories reflect labours done primarily outside of the tabernacle.

Primary and secondary categories of impurities are compared with these primary and secondary categories of damages.  For example, the primary sources of ritual impurity are contact with a creeping animal, contact with human semen, and contact with a corpse.  Those primary sources can impart ritual impurity upon other people or vessels; impurity is transferred by tent, contact or carrying.  In turn, those secondary people and vessels are called secondary sources of ritual impurity.  They can impurify food or drink but not other people nor vessels.  They can transfer impurity only through contact or carrying but not via a tent.

We then learn about the subcategories of Hashor are Karen, Goring; Shen, Eating; and Regel, Trampling.  Keren has its own subcategories, which might be argued to be primary categories as well: Negifa, Pushing; Nesicha, Biting; Ravitza, Crouching; and Veita, Kicking.  Goring is thought to be fatal.  It is in an ox's nature to be tame, but it will gore in the right (or wrong) circumstances.  An ox that hurts another ox is thought to have done so defensively, and not with the intent to harm or defend itself.  An animal that has gored once should always be kept away from other people and animals; the owner is responsible for full damages if the ox should gore - or hurt - a second time.  

Biting might be thought to be a subcategory of eating, but the rabbis note a difference.  When an ox eats, it does so for pleasure.  When it bites, there is no inherent pleasure in that act; it is instinctive.  The rabbis engage in a similar conversation regarding crouching and kicking.

We end our first daf of Bava Kama with proof texts from our rabbis.  Each describes where we find reference to the primary categories of damage in the Torah.

An interesting beginning to this new Masechet.  It is particularly intriguing to hear the rabbis' considerations regarding the instinctive nature of animals.  In much of what I have learned to this point, the rabbis are not sympathetic to the needs of animals; in fact, the needs of animals are hardly mentioned.  Today's daf offers insight into the rabbis' understanding of animal behaviour and why we cannot blame an animal for its actions, even if it does great damage to human bodies or our property.