Bava Kamma 50b

בבא קמא נ׳ ע״ב

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Topic

נזקי בור: the ten-טפחים rule, the dispute between רב and שמואל over הבל and חבטה, and רב נחמן's ruling on an ox that fell into a shallow channel.

Overview

The amud opens by finishing a short aggadic point: the plural ארך אפים shows that God is patient with both צדיקים and רשעים. A ברייתא then forbids clearing stones from your field into רשות הרבים. It tells of a man who mocked a חסיד's warning and later tripped on his own stones after he sold his field. A new משנה follows: anyone who digs a pit, ditch, cave, trenches or channels in public is liable, and the word בור teaches that a hole must be ten טפחים deep to count as deadly. Below ten טפחים, the digger is פטור if the animal dies but חייב if it is only injured. In the גמרא, רב says a בור makes the digger liable only for its deadly air (הבל), while שמואל says it also makes him liable for the impact (חבטה). Their practical difference is a mound in public, and each reads the word ״וְנָפַל״ his own way. The גמרא defends רב against challenges from the משנה. It explains why every kind of hole is listed, and it concludes that a shallow hole has enough air to injure but not to kill. Finally, רב נחמן declares an ox that fell into a shallow channel a טריפה, and רבא challenges him from the same משנה.

Opening lines

The steps (36)

1. QuestionWhy does the פסוק say ״אֶרֶךְ אַפַּיִם״ in the plural?
2. ResponseGod is patient with both the righteous and the wicked
3. StatementDo not clear stones from your property into the public road
4. StatementA חסיד warns the stone-thrower, and the man laughs
5. ConclusionThe man sells his field and trips on his own stones
6. StatementOne who digs a pit in public is liable
7. StatementAny kind of hole counts, not just a round pit
8. QuestionThen why does the תורה say 'pit'?
9. ResponseA deadly hole is ten טפחים deep
10. StatementBelow ten טפחים: exempt for death, liable for injury
11. Statementרב: The pit makes him liable for its fumes, not its impact
12. StatementWhy רב holds this: the ground causes the impact
13. Statementשמואל: Liable for the fumes, and even more so for the impact
14. Proofשמואל's proof: even a pit full of wool sponges
15. QuestionWhat is the practical difference between רב and שמואל?
16. ResponseThe difference: a mound built in a public area
17. QuestionWhat is רב's source?
18. Responseרב: ״וְנָפַל״ means a normal fall into something
19. Responseשמואל: ״וְנָפַל״ includes any fall
20. ChallengeChallenge to רב: what does the phrase 'so too, any' add?
21. ResolutionFor רב, the phrase includes trenches and channels
22. ChallengeBut the משנה already names trenches and channels
23. ResolutionThe משנה first states the law, then explains its source
24. QuestionWhy does the משנה list so many kinds of holes?
25. ResponseA pit alone would not teach the law for a long ditch
26. ResponseA ditch alone would not teach the law for a wide cave
27. ResponseWhy the משנה also needs to list trenches after a cave
28. ResponseWhy the משנה also needs to list channels after trenches
29. ChallengeChallenge from the משנה: under ten exempt for death, liable for injury
30. ResolutionNo: a shallow hole is exempt because it lacks deadly fumes
31. ChallengeBut if there are no fumes, why is he liable for injury?
32. ResolutionEnough fumes to injure, not enough to kill
33. StatementAn ox falls into a water channel and רב נחמן declares it a טריפה
34. StatementHad the owner waited a day, the ox would have been kosher
35. Conclusionרב נחמן holds that a fall under ten טפחים has impact
36. Challengeרבא challenges רב נחמן from the משנה about shallow holes