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Bava Kamma 91a

בבא קמא צ״א ע״א

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Topic

From the תם ox that killed, through whether there is an assessment for damages, to the laws of payment for shame (בושת) in the משנה

Overview

The amud opens by finishing a report by רבא. The scholars of בי רב say a תם ox that injured and then killed is judged only for its life, because a money case needs a court evaluation and a death sentence may not wait for one. רבא answers that the ruling could even follow רבי עקיבא, in a case where the owner ran away. The גמרא tests this, and רב מרי concludes that the ox's plowing earnings belong to its owner, so they cannot pay for this damage. Next the גמרא asks whether the court assesses if an act was strong enough to cause damage. Proofs from a pit and from a slave are pushed aside, but a ברייתא of שמעון התימני proves that objects are assessed. The גמרא then works through the משנה about shame. Spit on clothing pays nothing, because shaming with words is exempt. 'Everything follows his honor' is a leniency for the poor, as רבי עקיבא's reply shows. The court may give time to pay for בושת. Finally, רבא resolves a contradiction about hurting oneself, and the challenge to his answer continues on the next amud.

Opening lines

אַלְמָא בָּעֵינַן אוּמְדָּנָא דְּבֵי דִינָא;

Apparently, we require the court's evaluation;

וְהָא, כֵּיוָן דִּגְמַר דִּינֵיהּ לִקְטָלָא –

and this one, since its verdict was concluded for death,

לָא מְשַׁהֵינַן לֵיהּ לְאוּמְדָּנָא דְּבֵי דִינָא,

we do not delay it for the court's evaluation,

וְלָא מְעַנֵּינַן לְדִינֵיהּ.

and we do not delay its judgment.

The steps (32)

  1. StatementThe court does not delay a death verdict to evaluate damages
  2. Resolutionרבא: the case is where the owner ran away
  3. ChallengeHow can the court judge money with the owner gone?
  4. ResolutionThe witnesses testified before he ran
  5. QuestionWhere does the payment come from?
  6. ResponsePayment comes from the ox's plowing
  7. ChallengeThen judge the money case first and the death case after
  8. ResolutionPlowing earnings belong to the owner, not to the ox
  9. QuestionIs there an assessment for damages too?
  10. ProofA proof attempt from the pit less than ten טפחים
  11. ProofReading the pit משנה as counting upward: no assessment for damages
  12. RejectionNo, the משנה counts downward, so there may still be an assessment
  13. ProofProof from a slave struck near his eye or ear
  14. RejectionNo, the slave may have frightened himself
  15. ProofSupport: one who frightens another is exempt in human court
  16. ProofProof from the five payments that are assessed in advance
  17. RejectionAssessing a person was never in question
  18. QuestionThe real question: assessing the object
  19. ProofProof from שמעון התימני: the fist is brought before the court
  20. ConclusionThe proof is accepted
  21. ProofThe early-healing case supports רבא
  22. StatementSpit pays only if it hits the body
  23. ChallengeShouldn't spit on clothing count like shaming with words?
  24. ResolutionShaming with words carries no payment
  25. QuestionDoes 'according to his honor' lower or raise the payment?
  26. Proofרבי עקיבא's reply proves it was a leniency
  27. ConclusionAccepted: it was a leniency
  28. ChallengeHow could רבי עקיבא give the man extra time to pay?
  29. ResolutionNo extra time for injury, but extra time for shame
  30. ChallengeA ברייתא says רבי עקיבא allowed a person to injure himself
  31. Resolutionרבא: one source is about injury, the other about shame
  32. ChallengeBut the משנה itself is about shame