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Bava Kamma 14b

בבא קמא י״ד ע״ב

Learn Bava Kamma 14b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

The משנה listing the basic rules for paying damages, and the גמרא's phrase-by-phrase explanation: שׁוּם כֶּסֶף, שָׁוֶה כֶּסֶף (land, and collecting from יתומים), בפני בית דין, and על פי עדים.

Overview

The amud opens with a short line that closes the previous discussion: three general rules that apply in four places. Then a new משנה lists the basic framework for paying damages. Damages are appraised in money and paid with things worth money. The case must come before a בית דין, based on valid עדים. Women are included in the laws of damages, and both the ניזק and the מזיק are involved in the payment. The גמרא explains these phrases one by one. רב יהודה says the appraisal must be in money, which matches the ברייתא of the cow and the cloak that damaged each other. A ברייתא reads שָׁוֶה כֶּסֶף as land. After two failed explanations by רבה בר עולא, רב אשי explains why the phrase points to land. A contradiction with another ברייתא, which allows payment even with bran, is resolved by saying the land-only rule is about collecting from יתומים. ״בפני בית דין״ is explained as excluding a court of הדיוטות. ״על פי עדים״ is first read as excluding someone who admitted to a קנס. When that is challenged, the גמרא begins to answer that the phrase sets up the next clause, and the answer continues on the next amud.

Opening lines

שְׁלֹשָׁה כְּלָלוֹת –

Three general principles

בְּאַרְבָּעָ[ה] מְקוֹמוֹת.

in four places.

מַתְנִי׳ שׁוּם כֶּסֶף, שָׁוֶה כֶּסֶף.

MISHNA: Appraisal in money; worth money.

בִּפְנֵי בֵּית דִּין, וְעַל פִּי עֵדִים –

Before a court, and based on witnesses

The steps (25)

  1. ConclusionClosing summary: three principles in four places
  2. StatementThe משנה: the basic rules of paying damages
  3. QuestionWhat does 'appraisal in money' mean?
  4. Responseרב יהודה: the appraisal must be in money
  5. ProofThe cow and the cloak: appraise in money, don't call it even
  6. QuestionMoving to the next phrase: worth money
  7. ResponseWorth money means land, unless the victim already grabbed movable items
  8. QuestionHow do the words 'worth money' point to land?
  9. ResponseFirst explanation: land has no price-fraud rule
  10. ChallengeSlaves and documents also have no price-fraud rule
  11. ResponseSecond explanation: land is acquired with money
  12. ChallengeSlaves and documents are also acquired with money
  13. Responseרב אשי: worth money, but not money itself
  14. ChallengeContradiction: another ברייתא allows payment with anything, even bran
  15. ResolutionThe land-only ברייתא is about collecting from orphans
  16. ChallengeThe end of the ברייתא lets the injured person collect from movables he grabbed
  17. ResolutionHe grabbed the movables while the father was still alive
  18. QuestionQuoting the next phrase of the משנה: before a court
  19. ResponseFirst explanation: leaving out someone who sold his land before court
  20. ChallengeChallenge: then a lender couldn't collect from land sold after the loan
  21. ResolutionNew explanation: leaving out a court of non-ordained judges
  22. QuestionQuoting the next words of the משנה: "Based on witnesses"
  23. ResponseWitnesses exclude someone who already admitted to a fine
  24. ChallengeThis explanation only works for one opinion
  25. ResolutionThe phrase is needed to set up the next clause