Bava Kamma 115b

בבא קמא קט״ו ע״ב

Learn Bava Kamma 115b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Kamma 115b in Gemara Clarity

Topic

Saving a friend's more valuable property at the cost of your own (wine vs. honey, cheap donkey vs. expensive donkey), and why the rescuer can't simply claim the friend's goods as הפקר.

Overview

The amud opens with the end of a משנה. Someone gives up his own cheaper item, like wine or a donkey, to save his friend's more valuable one. He gets only a wage, unless he first set terms to be paid for his loss. The גמרא asks why he can't just claim the friend's goods as הפקר, since goods about to be lost seem to be ownerless. It answers with רבי ירמיה's case of a barrel wrapped in a press-basket, which was never fully lost. A chain of questions follows about making goods that are about to be lost into תרומה or מעשר: a traveler facing a robber, and ten barrels of impure wine where one broke or was left uncovered. The uncovered barrel is explained through straining the wine gently, following רבי נחמיה, and the case is set as דמאי so it fits his view on separating impure for impure. Next the גמרא asks why oil counts as a loss to the כהן but wine does not. The answer is that the wine is new, and keeping it to age risks a mishap (תקלה), while oil can be stored safely in a foul container. The amud ends by noting that the mishap worry is itself a dispute between תנאים, and the ברייתא showing this continues on the next amud.

Opening lines

The steps (30)

1. StatementWine poured out to save honey: wage only, unless he set terms
2. StatementThe donkey case: same rule
3. ChallengeWhy can't he claim the honey as ownerless?
4. ProofProof that goods about to be lost are ownerless
5. ResolutionThe honey barrel was wrapped in a press-basket
6. ChallengeA traveler facing a robber: his declaration does work
7. ResolutionThe traveler could still save his money
8. ChallengeIf he can save it, why not do it from the start?
9. ResolutionHe can save it, but only with difficulty
10. ChallengeTen barrels: declaring a breaking barrel is allowed
11. Resolutionרבי ירמיה: a press-basket was wrapped around the barrel
12. ChallengeThe basket helps a broken barrel, but what about an uncovered one?
13. ChallengeUncovered wine cannot even be used for sprinkling
14. ResolutionThe wine can be passed through a strainer
15. Proofרבי נחמיה: venom floats like a sponge
16. Challengeרבי נחמיה only holds if the wine was not shaken
17. ResolutionDrain the barrel gently so it is not shaken
18. ChallengeDoes רבי נחמיה allow separating from impure for impure?
19. ResolutionThe case is דמאי
20. StatementQuoting the ברייתא's rule about oil
21. ChallengeWine can be used too, for sprinkling
22. ProofSprinkling is valuable, as שמואל taught
23. ResolutionThe case is new wine
24. ChallengeBut the new wine can be aged
25. ResolutionAging it could lead to a mistake
26. ChallengeOil should also carry the risk of a mishap
27. ResolutionThe oil is kept in a disgusting container
28. ChallengeThen put the wine in a disgusting container too
29. ResolutionWine for sprinkling would be ruined in a foul container
30. StatementThe worry about a mishap is a dispute between תנאים