Bava Kamma 47a

בבא קמא מ״ז ע״א

Learn Bava Kamma 47a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Kamma 47a in Gemara Clarity

Topic

Collecting from and appraising a pregnant cow's calf, and the משנה on items brought into another's courtyard

Overview

This amud finishes רבא's explanation of a cow that gored and gave birth. If the cow is gone, only a quarter of the damage is collected from the calf, because we are not sure the calf was inside her when she gored. The גמרא shows this fits רבא's view that a fetus counts as part of the mother's body, while a hen's egg does not. רבא then teaches that damage to a pregnant cow and her unborn calf is appraised as one unit, so the damager is not overcharged. The same method is used for a slave's cut hand and a damaged field. רב אשי explains that the damager can say, "I harmed a pregnant cow, so value a pregnant cow." When the cow and calf have different owners, the fat goes to the cow's owner, and the הלכה is that they split the pregnancy bulk. A new משנה then rules that permission decides who pays when pots or produce are brought into another person's courtyard. The משנה's third case, about an ox, begins here and continues on the next amud.

Opening lines

The steps (13)

1. StatementIf the cow is gone, a quarter is paid from the calf
2. ConclusionInference: if the calf was surely inside her, the full half is paid
3. ProofThis fits רבא's ruling about calves versus eggs
4. StatementAppraise the calf together with the cow
5. StatementThe same one-unit appraisal applies to a slave's hand and a damaged field
6. ChallengeWhy protect the damager if separate valuation is the real law?
7. ResolutionThe damager says: I harmed a pregnant cow, so value a pregnant cow
8. QuestionCow and calf with different owners: who gets the pregnancy bulk?
9. Responseרב פפא and רב אחא בריה דרב איקא disagree about the bulk
10. ConclusionThe הלכה: the owners split the bulk
11. StatementThe potter who brings his pots into someone's courtyard
12. StatementThe same rule for produce brought into the courtyard
13. StatementOpening of the third case: an ox brought into the courtyard