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Bava Kamma 11b

בבא קמא י״א ע״ב

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Topic

A series of rulings of עולא in the name of רבי אלעזר: the שליא, the בכור, acquiring a large animal, brothers dividing an estate, a שומר who hands off a deposit, and collecting debts from slaves.

Overview

The amud opens by finishing עולא's ruling about a שליא that came out partly on one day: part of the baby comes out with it. It then lists more rulings of עולא in the name of רבי אלעזר. A בכור killed within thirty days is not redeemed, and a ברייתא learns this from the word אך. A בהמה גסה is acquired by משיכה; when a משנה says מסירה, the גמרא answers that רבי אלעזר follows the חכמים of a ברייתא. When brothers divide an estate, their own clothes are valued but their children's are not, and רב פפא adds that the oldest brother's clothes may not be valued either. A שומר who hands a deposit to another שומר is פטור, but רבא disagrees and says he is חייב, because the owner trusts only the first שומר's oath. Finally, a creditor may collect from slaves. After questions from רב נחמן, the גמרא explains this means a slave set aside as an אפותיקי and then sold. A pledged slave becomes publicly known, but a pledged ox does not.

Opening lines

דְּיֵשׁ מִקְצָת שִׁלְיָא בְּלֹא וָלָד,

that there is part of an afterbirth without a fetus,

וּגְזֵירָה מִקְצָתַהּ אַטּוּ כּוּלַּהּ;

and the ban on part of it is a decree because of all of it;

קָא מַשְׁמַע לַן.

he teaches us otherwise.

וְאָמַר עוּלָּא אָמַר רַבִּי אֶלְעָזָר:

And Ulla said that Rabbi Elazar said:

The steps (18)

  1. ResponseWhat עולא's afterbirth ruling comes to teach
  2. StatementA firstborn killed within thirty days is not redeemed
  3. ProofA ברייתא supports the firstborn ruling from the word אך
  4. StatementA large animal is acquired by pulling
  5. ChallengeA משנה says a large animal is acquired by handing over
  6. Resolutionרבי אלעזר follows the Sages of a ברייתא
  7. StatementBrothers dividing an inheritance and the clothes they wear
  8. Statementרב פפא: sometimes even the oldest brother's clothes are not valued
  9. StatementA guard who hands a deposit to another guard is exempt
  10. Statementרבא: A guardian who hands off a deposit is liable
  11. StatementA debt may be collected from slaves
  12. QuestionDoes this apply even to orphans?
  13. ResponseOnly from the debtor himself
  14. ChallengeFrom the debtor you can take even his cloak
  15. ResolutionThe case is a slave set aside as a designated pledge
  16. Proofרבא's rule: a pledged slave can be collected after a sale, a pledged ox cannot
  17. QuestionWhy is a slave different from an ox?
  18. ResponseA slave pledge becomes known, an ox pledge does not