Bava Kamma 29a

בבא קמא כ״ט ע״א

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Topic

אביי's two-part explanation of the broken-jug מחלוקת (stumbling during the fall, giving up the pieces after it), applied to the משנה, the ברייתא's camel, and רבי אלעזר's statement

Overview

The amud opens with the end of a ברייתא: the חכמים say the man who broke his jug is exempt in human court but liable before Heaven. The ברייתא adds that everyone agrees a usual wind makes a person liable for things on his roof. Everyone also agrees an unusual wind makes him exempt. This shows that even רבי מאיר does not make a person pay for a true accident (אונס), so אביי drops רבה's explanation of our משנה. אביי says רבי מאיר and רבי יהודה argue about two moments. During the fall, they argue whether one who stumbles (נתקל) is careless (פושע). After the fall, they argue whether one who gives up his damaging things (מפקיר נזקיו) must pay. The גמרא proves this from the משנה's double wording and applies it to the ברייתא's camel case: the owner stumbled and the camel stumbled over him. רב יוסף and רב אשי explain that רבי יהודה's 'intent' means the owner wants to keep the shards. Finally, רבי אלעזר's statement that the argument is 'at the time of the fall' is read as 'even at the time of the fall,' just like אביי.

Opening lines

The steps (16)

1. StatementEnd of a ruling: exempt in human court, liable before Heaven
2. ChallengeBoth sides agree: usual wind makes him liable, unusual wind makes him exempt
3. Resolutionאביי's new approach: they argue about two separate moments
4. StatementDuring the fall: is someone who stumbles considered careless?
5. StatementThe second argument: giving up ownership of the broken pieces
6. ProofProof from the double wording in the משנה
7. ProofThe ברייתא also has two cases
8. ChallengeHow can the camel fit the during-the-fall case?
9. Resolutionרב אחא: the camel crossed a flooded river
10. ChallengeEither he was clearly careless or he clearly could not help it
11. ResolutionThe owner stumbled and the camel stumbled over him
12. ChallengeWhat does 'intent' mean when he gives up ownership?
13. ResolutionIntent means he wants to keep the broken pieces
14. Statementרבי אלעזר: the argument is about the moment of the fall
15. ChallengeWhat about after the fall? Neither answer works
16. ResolutionIt means even at the time of the fall, like אביי