Bava Kamma 58b

בבא קמא נ״ח ע״ב

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Topic

How the court values damage: the source and method of valuing as one part of sixty, and whether this applies to damage done by a person's own body

Overview

The amud opens by closing an earlier question with תיקו, leaving it unresolved. It then asks for the source of the משנה's rule that crop damage is valued as part of a larger field. רב מתנה learns it from ״וּבִעֵר בִּשְׂדֵה אַחֵר״, and after two challenges the גמרא concludes that the phrase teaches two things: there is no liability for eating in רשות הרבים, and the damage is valued against another field. Three אמוראים agree that the eaten part is valued as one part of an area sixty times larger, though they differ on the unit. A ברייתא about a 'small garden bed' is read the same way. Another ברייתא rules out valuing with a קב or a בית כור. רב פפא's explanation of it is rejected, and the final reading is that a damaged קב is valued neither by itself nor inside a huge field, but as one part of sixty. In a real case, רב נחמן applied the sixty rule to a man who cut down a date palm. רבא objects that the rule was taught for damage by one's property, not by one's own body. אביי then shows that the ברייתא רבא seems to rely on proves nothing, since an animal-damage ברייתא is just as silent about sixty.

Opening lines

The steps (21)

1. ConclusionClosing the earlier question: it stays unresolved
2. QuestionQuoting the משנה and asking for its source
3. Responseרב מתנה brings a פסוק as the source
4. ChallengeThe פסוק seems to be needed for a different lesson
5. ResolutionThe unusual wording carries an extra lesson
6. ChallengeMaybe the phrase teaches only the valuation rule
7. ResolutionWhere the phrase is placed proves both lessons
8. QuestionHow exactly is the damage valued?
9. ResponseThree views on the ratio of sixty
10. ChallengeA ברייתא seems to value the small patch by itself
11. ResolutionThe ברייתא also means valuing against sixty
12. StatementA ברייתא: do not value using a קב or a כור
13. QuestionWhat is the ברייתא saying?
14. Responseרב פפא: a קב in sixty helps the מזיק, a כור in sixty hurts him
15. Challengeרב הונא בר מנוח objects to רב פפא's reading
16. ResolutionA new reading: not by itself, not inside a huge field, but one part of sixty
17. StatementThe cut-down date palm and the ריש גלותא's ruling
18. Statementרב נחמן rules: one part of sixty
19. Challengeרבא: the sixty rule was for damage by property, not by one's own body
20. Questionאביי asks רבא for the source of his distinction
21. Rejectionאביי shows an animal-damage ברייתא also leaves out the sixty rule