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Bava Kamma 5b

בבא קמא ה׳ ע״ב

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Topic

Why the תורה wrote out each of the אבות נזיקין separately even though a מה הצד could teach most of them: each category has its own special law.

Overview

The גמרא keeps asking why the תורה wrote out every main category of damage. It suggests writing only two categories and learning the rest from them, but it rejects this, because one category cannot be learned from two. רבא disagrees: if בור is one of the two sources, every category can be learned through a מה הצד except קרן, because all the others are מועד from the start. According to the view that קרן is actually the more serious case, since it means to cause damage, even קרן can be learned. So the גמרא asks why the תורה wrote them all out, and answers that each category has its own special law. קרן teaches the split between תמה and מועדת, שן and רגל are exempt in רשות הרבים, בור is exempt for vessels (or for a person according to רבי יהודה), and אדם pays four extra payments. אש is exempt for טמון. The amud ends by asking what אש teaches according to רבי יהודה, who makes one pay for טמון, and the answer comes on the next amud.

Opening lines

לִכְתּוֹב רַחֲמָנָא תַּרְתֵּי,

Let the Merciful One write two,

וְתֵיתֵי אִידַּךְ מִינַּיְיהוּ;

and let the other be derived from them;

הֲדַר אָמַר: חֲדָא מִתַּרְתֵּי לָא אָתֵי.

Then he said: one cannot be derived from two.

אָמַר רָבָא:

Rava said:

The steps (13)

  1. ChallengeSuggestion: write only two categories and learn the rest
  2. ResolutionRejected: one category cannot be learned from two
  3. Statementרבא: With בור as a source, all can be learned except קרן
  4. StatementAccording to the other view, even קרן can be learned
  5. ChallengeThen why did the תורה write them all?
  6. ResolutionAnswer: for their own special laws
  7. ResolutionThe special law of goring: first-time goring versus a known gorer
  8. ResolutionThe special law of eating and trampling: no liability in the public domain
  9. ResolutionThe special law of the pit: no liability for vessels
  10. ResolutionAccording to רבי יהודה: the pit is exempt for a person
  11. ResolutionThe special law of a person: four extra payments
  12. ResolutionFire was written to exempt hidden items
  13. ChallengeWhat does fire teach according to רבי יהודה?