Bava Kamma 100a

בבא קמא ק׳ ע״א

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Topic

Going beyond the letter of the law, and the search for רבי מאיר's source for liability for indirect damage (דינא דגרמי)

Overview

The amud opens with the end of a דרשה on שמות 18:20, which reads each word of the פסוק as a separate duty and ends with acting לפנים משורת הדין. Then ריש לקיש shows a coin to רבי אלעזר, who says it is good, and ריש לקיש says, 'See, I am relying on you.' רבי אלעזר asks whether that means he must pay if he is wrong, since ריש לקיש himself said that paying for indirect damage (דינא דגרמי) is only רבי מאיר's view. ריש לקיש answers that we do hold like רבי מאיר. The גמרא then asks which ruling of רבי מאיר teaches דינא דגרמי. It tries a judge who ruled wrongly, a dyer who used the wrong color, and a man who spread his vine over a friend's grain. Each one is pushed away because the person did the damage directly, with his own hands. Finally the גמרא begins a fourth source, a ברייתא about a vineyard fence that broke open, and that case continues on the next amud.

Opening lines

The steps (12)

1. StatementThe end of the דרשה: the duty to go beyond the letter of the law
2. Statementריש לקיש shows a coin to רבי אלעזר
3. Challengeרבי אלעזר asks: must I really pay if I am wrong?
4. Resolutionריש לקיש: we do follow רבי מאיר
5. QuestionWhich ruling of רבי מאיר is meant?
6. ResponseFirst suggestion: the judge who ruled wrongly
7. RejectionRejected: the judge handled the money himself
8. ResponseSecond suggestion: the dyer who used the wrong color
9. RejectionRejected: the dyer acted with his own hands
10. ResponseThird suggestion: the vine spread over a friend's grain
11. RejectionRejected: spreading the vine is also direct action
12. ResponseA fourth suggested source: the broken vineyard fence