Bava Kamma 5a

בבא קמא ה׳ ע״א

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Topic

What the lists of damage categories of the משנה, רבי אושעיא and רבי חייא include and leave out, and the משנה's comparisons between the אבות

Overview

The גמרא keeps asking why certain payments are missing from רבי אושעיא's list of damage categories. עדים זוממין are left off because he follows רבי עקיבא, for whom their payment is a קנס. An ox that hurts a person is not split off, because even רבי עקיבא says it is paid only from the ox's body. The אונס, מפתה and מוציא שם רע, and the מטמא, מדמע and מנסך, are each either already covered by an existing category or are a קנס, which the list does not include. The גמרא then asks what רבי חייא's number of twenty-four leaves out. It answers the מפגל, because the list does not deal with קדשים, and the מוסר, because his damage is only through speech. The מוציא שם רע and עדים זוממין stay on the list, because one's speech comes with an action and the other's speech is called an action by the תורה. רבי אבהו explains that 'אבות' in the long lists means everything is paid from מיטב, learned from four shared words. Finally the גמרא begins explaining the משנה's comparisons between שור, מבעה and the living categories, and that explanation continues on the next amud.

Opening lines

The steps (26)

1. ChallengeWhy are conspiring witnesses left off the list?
2. ResolutionHe follows רבי עקיבא: their payment is a fine
3. ChallengeThen he should list two kinds of ox
4. ProofSource: רבי עקיבא says a תם that hurts a person pays full damage
5. Resolutionרבי עקיבא himself weakened that ruling
6. ChallengeWhy are the rapist, seducer and defamer missing from the list?
7. ResolutionTheir payments are either already listed or are fines
8. ChallengeWhy are the one who makes impure, mixes, or pours to idols missing?
9. ResolutionHidden damage is either regular damage or a fine
10. ChallengeDoes רבי חייא hold that hidden damage is not real damage?
11. RejectionVisible and hidden damage are listed separately
12. QuestionWhat does רבי חייא's number come to leave out?
13. ResponseIt leaves out the informer and the one who makes a sacrifice פיגול
14. ChallengeWhy not list the informer?
15. ResolutionThe informer damages only through speech
16. ChallengeChallenge: The defamer damages through speech, yet he is listed
17. ResolutionAnswer: The defamer's speech comes with an action
18. ChallengeChallenge: Plotting witnesses use speech with no action, yet they are listed
19. ResolutionAnswer: The תורה calls the plotting witnesses' speech an action
20. ChallengeChallenge: If רבי חייא and רבי אושעיא list everything, what are their תולדות?
21. Resolutionרבי אבהו: All of them are like אבות in paying from the best property
22. QuestionWhat is the source for paying from the best land?
23. ResponseFour shared words carry the rule to every damage
24. QuestionWhat does 'שור is not like מבעה' mean?
25. ResponseOne category cannot be learned from another
26. QuestionWhat does 'living spirit' in the משנה mean?