Bava Kamma 46b

בבא קמא מ״ו ע״ב

Learn Bava Kamma 46b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

The argument between רב and שמואל about selling an ox that turns out to be a goring ox: do we follow the majority (רוב) in money cases, or does the claimant have to bring proof (המוציא מחבירו עליו הראיה)? Then a ברייתא shows that סומכוס and חכמים argue about an unclear goring case.

Overview

The amud opens by finishing the search for a real difference between רב and שמואל about selling an ox that turns out to gore. The גמרא settles on a seller who can return the money. רב follows the majority, since most people buy oxen for plowing. שמואל says that in money matters we do not follow the majority, because המוציא מחבירו עליו הראיה. A ברייתא shows that סומכוס splits doubtful money, while חכמים require proof. רבי שמואל בר נחמני finds a פסוק for the burden of proof. רב אשי says logic already teaches that rule, so the פסוק is reassigned: it teaches that the court hears the claimant first. The Sages of נהרדעא add that sometimes the defendant is heard first. Then the גמרא turns to the משנה's cow that gored an ox, which seems to pay half plus a quarter. אביי explains these as a quarter and an eighth, in a case of two owners, and the גמרא works out who must prove a partnership. רבא rejects that reading and starts his own explanation with one owner, which continues on the next amud.

Opening lines

The steps (19)

1. ChallengeIf the seller can't repay, the buyer just keeps the ox
2. ResolutionThe argument is about a seller who can repay
3. Statementרב: follow the majority, so the sale was a mistake
4. Statementשמואל: the seller can say he sold it for slaughter
5. StatementMajority decides prohibitions, not money cases
6. Proofברייתא: סומכוס splits the payment, חכמים require proof
7. StatementA verse as the source that the claimant must bring proof
8. ChallengeWhy do we need a verse when logic teaches it?
9. ResolutionThe verse teaches that the court hears the claimant first
10. StatementSometimes the defendant is heard first
11. ChallengeWhy does the cow's owner pay three-quarters?
12. ResolutionThe real numbers are one-quarter and one-eighth
13. ChallengeIf one person owns both animals, why split the payment?
14. ResolutionThe case is where the cow and calf have different owners
15. ChallengeThe cow's owner should have to prove he has a partner
16. ResolutionThe injured man claimed from the calf's owner first
17. ResolutionAnother version: the cow's owner can push off the claim either way
18. Challengeרבא objects that the משנה says half and quarter, not quarter and eighth
19. Resolutionרבא's new reading: one owner, and the payment comes from the animal itself