Bava Kamma 33b
בבא קמא ל״ג ע״ב
Learn Bava Kamma 33b step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Damaging oxen and liens: selling, consecrating or slaughtering an ox that did damage, the difference between a תם and a מועד, and the rule that damaging another person's lien is exempt
Overview
The גמרא finishes רבא's question to רב נחמן: can an owner sell an ox that did damage, when the ניזק has a claim on it? רב נחמן says the ניזק still collects the ox from the buyer, and 'sold' only lets the buyer plow with it in the meantime. This works because a goring ox counts like an אפותיקי, and everyone knows about it, since people call it 'the goring ox.' Next, a ברייתא of רב תחליפא says selling the ox fails but making it הקדש works. The גמרא shows that this fits both רבי ישמעאל and רבי עקיבא, using the ניזק's lien and רבי אבהו's decree about פדיון. Another ברייתא then contrasts a שור תם, which pays only from its own body, with a שור מועד, which pays from the owner's best property. That contrast decides whether the owner's sale, הקדש, slaughter or gift, and creditors' collection, take effect. Explaining the slaughter ruling, רב שיזבי says the owner is exempt for the value lost by slaughtering. From this, רב הונא בריה דרב יהושע learns that one who damages another person's lien is exempt, even for serious damage. Finally the גמרא asks why creditors lose the תם ox even when their loan came before the damage, and the answer comes on the next amud.
Opening lines
כֵּיוָן דִּמְשַׁעְבַּד לֵיהּ לְנִיזָּק –
since it is liened to the injured party –
לָאו כֹּל כְּמִינֵּיהּ?
is it not in his power [to sell it]?
אֲמַר לֵיהּ: אֵינוֹ מָכוּר.
He said to him: It is not sold.
וְהָתַנְיָא: מְכָרוֹ – מָכוּר!
But it was taught: If he sold it, it is sold!
The steps (31)
- QuestionCan the owner sell an ox that is tied up for the injured party?
- Responseרב נחמן: the ox is not sold
- ChallengeA ברייתא says the ox is sold
- ResolutionThe injured party still takes it back
- ChallengeThen what does 'sold' even mean?
- ResolutionIt is sold for plowing
- QuestionDoes this prove creditors collect from sold מטלטלין?
- RejectionThe ox is different: it is like an אפותיקי
- Challengeרבא says a creditor cannot collect a sold ox that was an אפותיקי
- ResolutionA goring ox is publicly known, just like a slave
- Statementרב תחליפא's ברייתא: sale fails, הקדש works
- QuestionWho sold it? If the owner, the ברייתא is split between two תנאים
- ChallengeIf the ניזק sold it, the ברייתא is split the other way
- ResolutionThe seller is the one who caused damage, and selling fails for everyone
- ResolutionConsecration works even for רבי עקיבא because of רבי אבהו's decree
- StatementA ברייתא: what the owner does with a damaging שור תם before and after court
- StatementCreditors cannot take the שור תם ahead of the ניזק
- StatementA forewarned ox: whatever the owner does with it takes effect
- StatementCreditors who collect a forewarned ox keep it
- StatementSelling a תם works only for plowing
- StatementConsecrating a תם works only because of רבי אבהו
- ChallengeWhy can't the injured party collect from the slaughtered ox's meat?
- ProofA ברייתא shows the ניזק collects even from a slaughtered ox
- ResolutionThe ruling teaches that the owner is exempt for the value lost by slaughtering
- StatementDamaging something liened to another person is exempt
- ChallengeIsn't this rule obvious?
- ResolutionThe rule covers every kind of damage to a lien, not only slaughter
- Challengeרבה already taught this rule
- ResolutionEven serious damage to a lien is exempt
- StatementCreditors who seize the ox first gain nothing
- ChallengeIf the debt came first, the creditor was there first