Bava Kamma 33a

בבא קמא ל״ג ע״א

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Topic

Who is liable when someone walks into danger; paying only the difference when oxen and people injure each other; and whether the injured owner is a creditor or a partner in the goring ox.

Overview

This amud finishes a discussion about a craftsman whose work hurt someone in his shop. The גמרא explains that a master may rely on his apprentice to obey a warning, because the apprentice fears him. רב זביד in the name of רבא then places רבי יוסי בר חנינא's ruling, 'exempt from גלות but liable for four payments,' on the case of a person who sticks his head into the path of a thrown stone. The גמרא compares the two versions. Next, a ברייתא brings a dispute about workers who are hurt by the owner's animals when they come to collect their pay. The גמרא explains that the dispute turns on whether the owner's answer of "אִין" at the gate means "come in" or "wait there." A new משנה then teaches how payment works when oxen and people injure each other: only the difference between the two injuries is paid. In that משנה, רבי עקיבא holds that a תם ox that hurts a person pays full damages, and the גמרא brings the פסוקים each side relies on. Finally, a משנה about a cheap ox killing an expensive one leads to the argument between רבי ישמעאל and רבי עקיבא over whether the injured owner is a creditor or a partner. רבא's question about the damager selling the ox continues on the next amud.

Opening lines

The steps (31)

1. ResolutionAn apprentice fears his master, but a stranger does not
2. StatementA second version: the verse 'and finds' and the case of the stone
3. Statementרבי יוסי בר חנינא: no exile, but four payments
4. ConclusionComparing the two versions
5. StatementWorkers hurt by the owner's animals while collecting pay
6. StatementOthers: workers are allowed to come for their pay
7. ChallengeWhat exact case are they arguing about?
8. ResolutionThe owner said "yes" at the gate
9. ProofA ברייתא shows that "yes" means "stay there"
10. StatementTwo oxen that injured each other
11. StatementOne innocuous ox and one forewarned ox injure each other
12. StatementTwo people who injure each other
13. StatementA person and an ox injure each other
14. Statementרבי עקיבא: an innocuous ox that hurts a person pays full
15. StatementA ברייתא learns from a פסוק: ox against person is like ox against ox
16. Statementרבי עקיבא: compare it to the lower verse
17. StatementFull payment, but only from the ox itself
18. QuestionWhy do the רבנן need the word זה?
19. Responseזה exempts from the four payments
20. QuestionWhere does רבי עקיבא learn the exemption?
21. ResponseA man injuring his fellow, not an ox
22. ResponseWhy the רבנן still need the word ״זה״
23. Statementמשנה: a cheap ox kills an expensive ox
24. QuestionWhose view is this משנה?
25. ResponseIt is רבי עקיבא, who says the ox is assigned right away
26. QuestionWhat is the root of their argument?
27. ResponseCreditor or partner
28. ResponseThe פסוק the two תנאים read differently
29. QuestionAsking for the practical difference
30. ResponseIf the injured party made the ox holy
31. QuestionWhat if the damager sold the ox?