Bava Kamma 56b
בבא קמא נ״ו ע״ב
Learn Bava Kamma 56b step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Liability of bandits and shepherds for an animal's damage, רבא's rule about a שומר who hands over to another שומר, and whether a שומר אבידה is a paid or unpaid guard
Overview
The גמרא first asks why the משנה needs to say that לסטים who took an animal out are liable, since that seems obvious. It answers that they only stood in front of the animal and drove it out, like רב's ruling about someone who 'stands' an animal near another person's grain. אביי adds that this means they hit the animal with a stick. Next the גמרא asks whose place the shepherd in the משנה takes, and concludes that he replaces the שומר, not the owner. That seems to contradict רבא, who says a שומר who hands over to another שומר stays liable. The גמרא answers for רבא that the משנה means a shepherd passing the animal to his own helper. In a second version, the משנה's wording seems to support רבא, but that proof is rejected. Then רבה and רב יוסף argue whether a שומר אבידה is like a שומר חנם or a שומר שכר, and the גמרא gives the reasons for each side. After a memory list, רב יוסף begins a challenge against רבה that continues on the next amud.
Opening lines
פְּשִׁיטָא!
It is obvious!
כֵּיוָן דְּאַפְּקוּהָ –
Since they took it out,
קָיְימָא לַהּ בִּרְשׁוּתַיְיהוּ לְכֹל מִילֵּי!
it stands in their possession for all matters!
לָא צְרִיכָא, דְּקָמוּ לַהּ בְּאַפַּהּ.
No, it is necessary where they stood in front of it.
The steps (19)
- ChallengeWhy say the bandits are liable? It is obvious
- ResolutionThe case is where the bandits only stood in front of it
- ProofA parallel ruling of רב about standing an animal near grain
- ChallengePlacing the animal there: isn't that obvious?
- Resolutionרב also means standing in front of the animal
- Resolutionאביי: the bandits also hit the animal
- QuestionThe shepherd takes whose place?
- ChallengeNot the owner, since that was already taught
- ResponseThe shepherd takes the guard's place
- ChallengeIs the first guardian completely free? A challenge to רבא
- Resolutionרבא: the משנה means a shepherd handing the animal to his helper
- StatementSecond version: the משנה's wording shows it means the helper
- ProofDoes this wording prove רבא right?
- RejectionNo proof: the משנה may just describe the usual case
- StatementThe dispute about someone guarding a lost item
- StatementThe reasons behind each side
- StatementA second way to explain רב יוסף
- StatementA memory list for the coming discussions
- Challengeרב יוסף gets ready to challenge רבה