Bava Kamma 20a

בבא קמא כ׳ ע״א

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Topic

Animal eating damage (שן) versus unusual behavior, the limits of the exemption in רשות הרבים, paying for benefit, and the squatter's rent

Overview

The גמרא opens with a goat that climbed to eat a turnip and broke a barrel. רבא makes the owner pay full damages for both, because climbing to reach food is normal for a goat. אילפא rules that an animal in רשות הרבים that eats off another animal's back is liable, since that back counts like חצר הניזק. A proof for אילפא is pushed away: the case may involve a jumping animal, which רבא elsewhere treats as unusual behavior (קרן). רבי זירא asks about food that rolls from a private area into רשות הרבים, and the attempted proof from רבי חייא is rejected. Next, רב and ריש לקיש say the exemption in רשות הרבים covers even garments and vessels, because the victim acted unusually first. שמואל and רבי יוחנן limit the exemption to fruit and vegetables, since putting down a cloak is normal. The גמרא then discusses how to measure payment for the animal's benefit: רבה says the price of straw, and רבא says cheap barley. Finally, רב חסדא asks whether a squatter must pay rent when he gains but the owner loses nothing, and the two sides of that question continue on the next amud.

Opening lines

The steps (35)

1. StatementThe goat, the turnip, and the barrel
2. ResponseWhy the barrel is also paid in full
3. Statementאילפא: eating off another animal's back
4. ResponseThe other animal's back is like the owner's courtyard
5. ProofA possible support: the basket on a man's back
6. RejectionRejected: the case may be a jumping animal
7. QuestionWhere did רבא say this?
8. Responseרבי אושעיא: walking and eating versus standing and eating
9. ChallengeStanding and eating is normal too
10. Resolutionרבא: it is a jumping animal
11. Questionרבי זירא asks about food that rolls into the public domain
12. ProofTrying to answer from רבי חייא's teaching about a load half inside
13. RejectionNo proof: the ruling may follow where the food first was
14. RejectionAnother answer: רבי חייא meant one long stalk of fodder
15. StatementMoving on to the משנה's next line: the animal ate a garment
16. QuestionWhich case does the exemption refer to?
17. Responseרב: the exemption covers every case
18. Statementשמואל: only fruit and vegetables are exempt
19. Statementריש לקיש agrees with רב
20. Proofריש לקיש's ruling about two cows
21. Statementרבי יוחנן agrees with שמואל
22. QuestionDoes רבי יוחנן reject the two-cows ruling too?
23. RejectionCloaks are normal, a lying animal is not
24. QuestionHow much does the animal pay for its benefit?
25. Statementרבה: pay the price of straw
26. Statementרבא: pay for barley at the cheap price
27. ProofA ברייתא supports רבה
28. ProofA ברייתא supports רבא
29. ConclusionHarmful food means no payment
30. Statementרב חסדא tells רמי בר חמא about a fine discussion he missed
31. QuestionMust someone who lives in another's courtyard without permission pay rent?
32. QuestionWhich case is meant? Not one where nobody gains or loses
33. ChallengeNot a case where one gains and the other loses either
34. ResolutionThe real case: the squatter gains, but the owner loses nothing
35. QuestionThe two sides of the question begin