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