Bava Kamma 52a

בבא קמא נ״ב ע״א

Learn Bava Kamma 52a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Signals that complete a sale (key, מַשְׁכּוּכִית), and liability for a covered or uncovered בור

Overview

The amud opens with two parallel rulings about completing a sale. When someone sells a house, handing over the key completes it. When someone sells a flock, handing over the מַשְׁכּוּכִית completes it (רֵישׁ לָקִישׁ in the name of רַבִּי יַנַּאי). Both times the גמרא answers the same way: the real קנין is the normal one (חֲזָקָה or מְשִׁיכָה). The handed-over item only counts as the seller saying "go and acquire." The גמרא then asks what a מַשְׁכּוּכִית is: in בָּבֶל they say a bell, and רבי יעקב says the lead goat of the flock. Next, a new משנה lists rules about a בור: who is liable when a covered pit is found open, a proper cover versus an improper one, animals frightened by digging, vessels versus animals, and animals versus people. The גמרא asks how long the first person stays exempt, and רב, שמואל and רבי יוחנן give three answers. It explains that a properly covered pit can still fail when the cover rots from inside. Finally, it asks about a cover strong enough for oxen but not camels, in a place where camels come only occasionally, and begins to bring a proof from the משנה that continues on the next amud.

Opening lines

The steps (24)

1. StatementHanding over the key completes the sale of a house
2. ChallengeWhat does the key add if there are already normal ways to acquire?
3. ResolutionThe key counts as permission to take possession
4. StatementHanding over the lead animal completes the sale of a flock
5. ChallengeWhat does the lead animal add if there are already normal ways to acquire?
6. ResolutionThe lead animal counts as permission to pull
7. QuestionWhat is a מַשְׁכּוּכִית?
8. ResponseIn בָּבֶל they say it is a bell
9. Responseרבי יעקב says it is the lead goat
10. ProofA Galilean's teaching about the leading goat
11. StatementThe second person who leaves a pit uncovered is liable
12. StatementCovering properly exempts; covering improperly makes liable
13. StatementFalling forward or backward from the sound of digging
14. StatementLiable for the animal, exempt for its vessels
15. StatementImpaired animals bring liability, but people do not
16. QuestionHow long is the first person exempt?
17. ResponseThree opinions on how much time the first person has
18. QuestionHow could an animal fall into a properly covered pit?
19. ResponseThe cover rotted from inside
20. QuestionA cover strong enough for oxen but not for camels
21. ChallengeEither he was careless or it was beyond his control
22. ResolutionThe case is where camels come only sometimes
23. ProofBringing the משנה about a properly covered pit
24. ProofWorking out what kind of proper cover the משנה means