Bava Kamma 83: Respecting Greek Culture, Dogs, Determining Payment; An Eye For An Eye pt. 1

Our daf ends Perek VII and begins Perek VIII.  In amud (a), the rabbis share stories that demonstrate respect for the Greek language and arts.  In questioning whether or not it is alright for Jews to speak in languages other than Hebrew, they suggest that the language of the land is acceptable.  Further, one may even go against Torah law and dress or wear his hair in the popular fashion if that is necessary to maintain positive relations with the ruling class.  Greek, however, was even said to be studied by half of Rabbi Gamaliel’s 1000 students.  Those students were killed by the Romans similarly to the students studying Talmud.  Thus Greek culture is understood as beautiful and important.

The rabbis discuss pigeons and where they can be housed in relation to a town.  Dogs are discussed with great seriousness, however.  Dogs must be leashed unless it is nighttime and the Jewish town borders a neighbouring town that might be hostile.  In such cases, barking dogs will save the Jews.  During the day, however, dogs are said to have caused miscarriages by their threatening barking.  If a woman says that a dog’s barking caused her miscarriage, the owner of the dog is liable for damages.   

A bizarre story is told by Rabbi Dostai about G-d’s presence requiring two thousand plus two myriads (10,000 more) of Jews based on Numbers (10:36).  If that is the case and the people are short by one person, and a woman is pregnant, dogs should not be present.  That woman could miscarry due to a barking dog, causing the Presence of G-d to recede.  The owner of the dog is responsible for this tragedy.

Perek VIII begins with a new Mishna.  We learn that the five types of damages are determined in specific ways:

• blinding an eye, severing a and, breaking a leg
• as if injured party were a slave
• how much s/he worth before and how much after the injury

• pain where one is burned with a skewer, nail, fingernail will no bruise
• person with similar pain threshold suggests amount

• medical costs
• must heal him
• growths, blisters or rashes are paid for only if they are due to the injury
• if healing stops and starts, liability continues until fully healed

• loss of livelihood
• it is as if the person is a watchmen of cucumbers (an easy job)

• humiliation
• based on the stature of the one who humiliates and the one who was humiliated

The rabbis take this opportunity to argue that the Mishna and that all of our laws suggest that we are liable to make monetary payments for physical injuries.  They use numerous sources and proof texts, particularly those that teach about no ransom for the life of a murderer and those that compare striking human beings with striking animals.  Our law is supposed to be equal for all people, and ransom may or may not be applicable in other cases.  Further, taking one’s eye may or may not be different from taking one’s sight.  The rabbis continue with this conversation in tomorrow’s daf.  What is clear immediately is that the rabbis are arguing against physical punishment for causing injury to others.