Bava Kamma 51a

בבא קמא נ״א ע״א

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Topic

How deep a deadly pit must be, and who is liable when two people dig or own one pit

Overview

The amud opens by finishing a debate between רבא and רב נחמן about whether a fall into a pit under ten טפחים can kill. רב נחמן first explains that a small pit has enough הבל to injure but not to kill. רבא then challenges him from the height of the בית הסקילה, which the גמרא explains as giving a merciful death (מיתה יפה). רבא's second challenge comes from the ten טפחים of מעקה. After a back-and-forth about what counts as a בית, the גמרא gives רב נחמן's real reason: an ox's belly adds four טפחים, so it really falls ten. A new משנה then rules that when two partners each pass their pit without covering it, the second is liable. The גמרא asks how two people can share a pit, and רבי יוחנן answers that they removed the last clump together. The גמרא then explains the מחלוקת between רבי and the רבנן about one digger finishing another's pit, and the sources for each side. The amud ends with two ברייתות that seem to contradict each other about several people working on one pit; the answer comes on the next amud.

Opening lines

The steps (41)

1. ResolutionA small pit lacks the deadly heat
2. ChallengeThen why is the owner liable for injury?
3. ResolutionEnough heat to injure, not to kill
4. ChallengeChallenge from the height of the stoning platform
5. RejectionYour view does not explain the height either
6. ResolutionThe height gives a merciful death
7. ChallengeThen make it even higher
8. ResolutionToo high would disfigure him
9. Challengeרבא quotes a teaching about roof railings
10. ChallengeWhy does the railing law need ten handbreadths?
11. ResolutionA house must be ten handbreadths tall
12. ChallengeInside, the house would be less than ten
13. ResolutionThe floor was dug out inside
14. ChallengeDigging could make almost any house ten inside
15. ResolutionThe real reason: the ox's belly adds four טפחים
16. ChallengeThen why does the משנה require a ten-טפחים pit?
17. ResolutionThe משנה is about an animal that rolled in
18. StatementThe second partner who leaves the shared pit uncovered is liable
19. QuestionHow can a pit belong to two partners?
20. ResponseUnder רבי עקיבא, a shared courtyard pit works
21. ChallengeUnder the other view, a shared pit must be public, and that is hard to find
22. RejectionA shared agent who digs does not work
23. RejectionEach partner digging five טפחים does not work
24. ChallengeShared liability works only in one case, so how do we find the rest?
25. ResolutionBoth partners removed the last piece of earth together
26. QuestionWhat exactly do רבי and the רבנן hold?
27. ResponseThe ברייתא: one digs nine, another finishes to ten
28. QuestionWhy do the רבנן blame only the last digger?
29. ResponseThe extra word 'יכרה' teaches that the second digger cancels the first
30. Resolutionרבי says both words in the פסוק are already needed
31. ChallengeThe רבנן also need both words
32. ResolutionA new source for the רבנן: 'a man' means one person
33. Resolutionרבי uses 'a man' to exclude an ox that digs
34. ResolutionThe רבנן: 'man… pit' is written twice
35. ResolutionWhy רבי is not bothered by the doubled words
36. ChallengeMaybe the first digger is the liable one
37. ResolutionThe one who caused the death is liable
38. ChallengeThat פסוק is needed for רבא's ruling
39. ResolutionThe verse itself shows it is speaking about the one who caused death
40. StatementThree diggers each add ten handbreadths: all are liable
41. ChallengeA second ברייתא says only the one who plastered is liable