Bava Kamma 90b

בבא קמא צ׳ ע״ב

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Topic

Payment for בושת, the size of רבי יוסי הגלילי's fine, and whether a witness can become a judge

Overview

This amud finishes the משנה about paying for בושת, which is measured by the honor of the person who was shamed. רבי עקיבא teaches that even poor Jews count as people of high standing, because they are children of אברהם, יצחק and יעקב. In the משנה's story, a man tried to avoid paying 400 זוז by showing that the woman uncovered her own head for a little oil. רבי עקיבא answered that shaming yourself does not free others from paying. The גמרא proves from a case of רבי יהודה נשיאה that רבי יוסי הגלילי's fine is a Tyrian מנה. It then asks whether a judge who saw the act himself may judge it, which leads to the rule of אין עד נעשה דיין. Next it checks whether רבי עקיבא really holds that rule, using his debate with שמעון התימני about the word 'fist'. Finally, a ברייתא about an ox that killed and caused damage raises a question, and רבא begins to answer it on this amud. His answer continues on the next amud.

Opening lines

The steps (26)

1. StatementThe general rule: payment depends on the person's honor
2. StatementEven poor Jews are treated as people of high standing
3. StatementThe man who uncovered a woman's head is ordered to pay 400
4. StatementThe man tricks the woman into uncovering her own head
5. ChallengeThe man protests: why should I pay her 400?
6. ResolutionShaming yourself does not cancel what others owe you
7. QuestionWhich kind of מנה did the משנה mean
8. ProofA real case before רבי יהודה נשיאה
9. ConclusionConclusion: it is a Tyrian מנה
10. QuestionWhat did 'here am I, here is רבי יוסי הגלילי' mean
11. ChallengeIf he meant 'I saw you,' then a witness became a judge
12. ProofA ברייתא about a סנהדרין that saw a murder
13. ChallengeEven רבי טרפון does not let one person be witness and judge
14. RejectionThe ברייתא is about judges who saw it at night
15. ResolutionAnother reading: he was only stating his view, and other witnesses testified
16. ChallengeDoes רבי עקיבא really hold that a witness cannot judge?
17. Proofשמעון התימני says the weapon must be available for inspection
18. Challengeרבי עקיבא: the court did not see the hitting
19. Challengeרבי עקיבא: the court cannot inspect a building
20. Statementרבי עקיבא's own reading of 'fist'
21. Challengeרבי עקיבא's words seem to allow a witness to be a judge
22. ResolutionHe was arguing according to שמעון התימני
23. StatementAn innocuous ox that killed and damaged gets only a capital trial
24. StatementA forewarned ox gets a money trial first, then a capital trial
25. ChallengeWhy can't the court go back to the money trial?
26. Resolutionרבא: the ברייתא follows רבי שמעון התימני