Bava Kamma 46: Responsibility within the Home

We begin Perek IV with a new Mishna.  It addresses what should be done when an ox is killed alongside its infant.  When it is not known whether or not the baby was born before or after the ox gored.  Who pays, and how much?  IS this a case of half damages, where that money is paid by whom?  Or is this a case where full damages what be paid by an owner of the ox?

The Gemara reminds us that the burden of proof rests on the claimant.  Thus the accused does not have to defend the action of his his ox.  They speak of the nature of oxen; that risk-taking is part of working with oxen at all.  They consider some of the reasons that might influence a tragedy - perhaps a cow gores an ox, and the cow's baby is killed in the process.  This is an asset that has been depreciated. Should a quarter of damages be paid out?

We end our daf with another new Mishna: If a potter brings his pots into a homeowner's home and a pot breaks and hurts the homeowner's animal, damages are paid by the potter.  If the animal breaks a pot, however, the owner of the home is liable to care for the damages.  Similarly, if a seller of produce entered someone's home and the own'er's animal ate the produce, the owner is liable.  However, if the produce caused illness in the animal, the owner is responsible.  And if the seller was invited in but the owner, the owner is responsible for all that might go wrong while the seller his there.