Bava Kamma 116b

בבא קמא קט״ז ע״ב

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Topic

How a group shares costs and rescued property, and a robber's liability when thugs seize a stolen field

Overview

The amud opens at the end of a challenge. A worker sent with food to a sick person is paid even if the sick person died or recovered, so a rescuer who failed should also be paid. רבי answers that the worker finished his job and the rescuer did not. Next come ברייתות about groups sharing costs. A ransom paid to bandits is split by money, a guide's wages may also be split per person, and cargo thrown off a sinking ship is shared by weight. Donkey drivers and sailors may agree to replace each other's losses, but not losses caused by carelessness. Another ברייתא says a traveler who saves a caravan's goods from bandits saves them for everyone, unless he announced he was saving them for himself. רמי בר חמא, רבא and רב אשי each explain why his words matter. Then a new משנה teaches that a robber whose stolen field is seized by thugs owes nothing in a regional disaster, but must replace it if the loss came because of him. The גמרא explains the wording of the משנה and tells of a man who showed the ריש גלותא's wheat to thugs and was made to pay by רב נחמן. רב יוסף's question about why it matters whether that payment was law or a fine continues on the next amud.

Opening lines

The steps (28)

1. ChallengeThe worker sent with food for a sick person still gets full pay
2. ResolutionThe cases are different because the worker finished his job
3. StatementA ransom paid to bandits is split by how much money each person has
4. StatementA hired guide may be paid per person, following local custom
5. StatementDonkey drivers may agree to replace a lost donkey
6. QuestionIsn't the last rule obvious?
7. ResponseThe rule applies even when he still has another donkey
8. StatementCargo thrown off a ship in a storm is shared by weight
9. StatementSailors may agree to replace a lost ship
10. QuestionIsn't the sailing rule obvious?
11. ResponseThe safe distance changes by season
12. StatementRescuing a caravan from bandits
13. ChallengeHow can both halves of the ruling be true?
14. ResolutionThe caravan members were partners
15. Resolutionרבא: The rescuer was a hired worker
16. ResolutionWhy a worker's rescue belongs to his employer until he quits
17. Resolutionרב אשי: The owners could save the goods only with difficulty
18. StatementNew משנה: A stolen field seized by thugs
19. StatementBoth spellings of the word for thugs are correct
20. ProofA source for the reading מציקין
21. ProofA source for the reading מסיקין
22. ChallengeWhy does the משנה need to say 'because of the robber'?
23. ResolutionThe robber pointed out the field to the thugs
24. ResolutionAnother version: forced to show his land, he showed the stolen field too
25. StatementA man pointed out the ריש גלותא's wheat and was made to pay
26. QuestionWas the payment basic law or a fine?
27. Responseרב נחמן: it comes straight from our משנה
28. Questionרב יוסף asks why the difference matters