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Bava Kamma 45a

בבא קמא מ״ה ע״א

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Topic

An ox that killed someone: what happens to its sale, הקדש, slaughter, or return by a שומר before and after the בית דין gives its final verdict, and whether the רבנן and רבי יעקב argue about 'הרי שלך לפניך' for איסורי הנאה.

Overview

The amud opens in the middle of a ברייתא about an ox that killed a person. Before its verdict, the ox is still an ordinary animal: it can be sold, made הקדש, or slaughtered and eaten, and a שומר who returns it has done his job. After the verdict, none of this works, except that רבי יעקב says a שומר's return still counts. The גמרא first suggests that the argument is about saying 'הרי שלך לפניך' for איסורי הנאה. רבה rejects this, since otherwise they would have argued about חמץ בפסח. רבה explains instead that the argument is about whether an ox's verdict can be given when the ox is not present. The רבנן learn from a פסוק that the ox, like its owner, must be present, so the שומר who held it cost the owner his chance to hide it. רבי יעקב answers that an ox cannot argue its case, so its presence does not matter. The גמרא then brings a ברייתא about four kinds of guards who take the owner's place, explains why only the שומר חנם does not repay the owner, and begins asking whose opinion the ברייתא follows. That question continues on the next amud.

Opening lines

מָכוּר, הִקְדִּישׁוֹ מוּקְדָּשׁ,

it is sold; if he consecrated it, it is consecrated;

שְׁחָטוֹ – בְּשָׂרוֹ מוּתָּר,

if he slaughtered it, its meat is permitted;

הֶחְזִירוֹ שׁוֹמֵר לְבֵית בְּעָלָיו – מוּחְזָר.

if a guardian returned it to its owner's house, it is considered returned.

מִשֶּׁנִּגְמַר דִּינוֹ –

Once its verdict has been issued:

The steps (14)

  1. StatementBefore the verdict, the ox is still a normal animal
  2. StatementAfter the verdict, nothing works on the ox
  3. Statementרבי יעקב: the guardian's return still counts
  4. QuestionSuggestion: the argument is about returning a forbidden item
  5. Rejectionרבה: everyone agrees, or they would argue about חמץ
  6. ResponseThe real argument: finishing an ox's verdict when it is not present
  7. Statementרבי יעקב: the verdict can be finished without the ox
  8. QuestionWhat is the source for the רבנן?
  9. ResponseThe פסוק compares the ox's death to the owner's death
  10. Rejectionרבי יעקב: an ox cannot argue its case, so the comparison fails
  11. StatementA ברייתא on the four guards who take the owner's place
  12. ChallengeHow can only the unpaid guard be exempt?
  13. ResolutionBasic guarding is enough only for the unpaid guard
  14. QuestionWhose opinion does the ברייתא follow?