Bava Kamma 47: I've Asked You To Visit - Am I Responsible for You?

A pregnant cow that is damaged by another person's ox - how do we determine its value?  The rabbis create a complex but reasoned explanation of how much this cow is worth.  Is is particularly disturbing, though, to read about the comparisons between determining this cow's worth and determining the worth of a slave who has lost his hand, or a field that has been damaged.  It is not the slave who receives that amount of money, which is the difference between a slave who has a hand and a slave who has no hand.  It is the owner of that slave who receives the money.  How can this be considered to be 'fair' in a society where slaves will be freed within seven years at the most (unless the person enslaved chooses otherwise)?

A new Mishna teaches us that when a potter brings pots, or someone brings their produce, or a person brings their ox into another's courtyard without permission, liability for any damages rests with the visitor.  But if permission is granted, the homeowner is liable to pay for any damages incurred by being gored by the ox, or a dog biting the ox, or someone slipping and falling on the produce, or an animal being hurt while breaking the pots.  Rabbi Yehuda HaNasi disagrees, however.  He believes that the homeowner is always liable, even if permission to enter has been granted.  The only time he is not liable is when he agrees to safeguard the visitor's animal or property and he cannot do so.

The Gemara focuses on how to determine responsibility for specific, difficult actions.  For example, if the visiting animal eats poison, who is responsible?  what if it eats from a poisonous plant?  Should it have know better? What if someone induces the animal to eat this poison?  What if someone is supposed to be safeguarding the animal?  How do we determine whether an animal is responsible for its own actions or whether a person must be assigned responsibility - and which person should be held responsible, anyway?  

It is continual interesting to notice that the rabbis consider some of their considerations to be completely assumed, obvious knowledge.  Most of the time, the 'common knowledge' of our Sages has nothing to do with my 'common knowledge' today.  However, sometimes the rabbis explain things that seem simple and obvious to me.  It is fascinating to note where our cultural contexts cross over each other and were we live in absolutely opposite understandings of 'truth' or how the world works.