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Bava Kamma 21b

בבא קמא כ״א ע״ב

Learn Bava Kamma 21b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Finishing מחזרת (an animal turning its head to eat), then animals that jump or fall and cause damage, and the rule of תחלתו בפשיעה וסופו באונס

Overview

The amud opens by finishing the argument between רב and שמואל about מחזרת, an animal that turns its head to eat produce at the side of the road. The גמרא shows that each of them has his own reason for this case that does not depend on the rule of בור ברשותו. It then suggests that a ברייתא with רבי מאיר and רבי יוסי already holds this same argument. It rejects that idea: the תנאים are really arguing about the verse 'ובער בשדה אחר', and in the end about the case of אילפא and רבי אושעיא. Next comes a new משנה about a dog or goat that jumps off a roof and breaks vessels, and a dog that sets a grain stack on fire with a burning cake. From the word 'jumped', the גמרא infers that a case which starts with carelessness and ends in an accident is exempt. It then defends the opposing view and discusses when even a fall makes the owner pay, as with a narrow wall. The amud ends with a ברייתא that sorts jumping damage by direction and by who jumped.

Opening lines

בְּעָלְמָא – בּוֹר בִּרְשׁוּתוֹ פָּטוּר;

Generally, a pit in his own domain is exempt;

וְשָׁאנֵי הָכָא, דְּאָמַר:

but here it is different, because he can say:

לָאו כֹּל כְּמִינָךְ

It is not all in your power

דִּמְקָרְבַתְּ לְהוּ לְפֵירוֹתָךְ לִרְשׁוּת הָרַבִּים,

to bring your produce close to the public domain,

The steps (18)

  1. Resolutionרב's own reason: you can't put produce by the road and blame my ox
  2. Resolutionשמואל's own reason: the animal can see the produce
  3. ProofSuggesting the argument already appears between תנאים
  4. Challengeרבי יוסי seems to say the same as the תנא קמא
  5. ResolutionThey argue about an animal that turns its head
  6. RejectionEveryone agrees about מחזרת; the argument is about the verse
  7. ChallengeWhy would a verse be needed to exempt eating on the damager's property?
  8. ResolutionThe difference is the rulings of אילפא and רבי אושעיא
  9. StatementA dog or goat that jumped from a roof
  10. StatementThe dog that took a burning cake to a grain stack
  11. ProofJumped, not fell: careless start, accidental end is exempt
  12. ProofA ברייתא backs up the reading of the משנה
  13. ChallengeA problem for the view that holds the owner liable
  14. ResolutionThe vessels were right next to the wall
  15. Statementרב זביד: sometimes even a fall makes the owner pay
  16. ChallengeA shaky wall would still be an accident in the end
  17. ResolutionIt means a narrow wall
  18. StatementJumping up versus jumping down