Bava Kamma 91b

בבא קמא צ״א ע״ב

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Topic

Whether a person may injure himself, payment for taking away someone's מצוה, and when fruit trees may be cut down.

Overview

The גמרא first finishes a question on רבי עקיבא's words. It explains that a person may shame himself but may not injure himself, and others who do either to him must pay. Next, a ברייתא about a שבועה to harm oneself seems to show that self-injury is allowed. שמואל says that oath means an oath to fast, and the גמרא defends this by saying you can make others fast by locking them up. A second ברייתא shows the oath is about real injury, so the גמרא concludes that the question is a מחלוקת תנאים. It then searches for the תנא who forbids self-injury. It rejects רבי אלעזר's teachings about one's own blood and about tearing clothes over the dead, and settles on רבי אלעזר הקפר, who calls a נזיר a sinner for giving up wine. Next, רב reads a ברייתא that frees a damager who says 'you told me to' as being about an ox or tree that was going to be destroyed anyway. In that case the owner's claim is that he lost the chance to do the מצוה himself, as רבן גמליאל ruled about כיסוי הדם. The amud ends with rules about cutting down fruit trees: how much fruit protects a tree, when the wood's value permits cutting it, and that barren trees should be cut first.

Opening lines

The steps (29)

1. ChallengeThe challenge from רבי עקיבא's own words
2. Resolutionרבי עקיבא was arguing from the stronger case
3. ChallengeA ברייתא suggests harming yourself is allowed
4. Resolutionשמואל: the oath was to fast
5. ChallengeCan you make others fast?
6. ResolutionYou can make others fast by locking them up
7. ChallengeA ברייתא defines harming others as physical injury
8. ResolutionIt is a disagreement among תנאים
9. QuestionWhich תנא forbids self-injury?
10. ResponseFirst suggestion: רבי אלעזר on 'your blood'
11. RejectionKilling may be different from injuring
12. ResponseSecond try: tearing clothes too much over the dead
13. RejectionClothes may be different because they do not heal
14. ResponseFinal answer: רבי אלעזר הקפר and the נזיר
15. StatementThe ברייתא: 'You told me to do it' makes the damager exempt
16. Challengeרב objects: this would let every damager go free
17. QuestionShould I erase the ברייתא?
18. Resolutionרב: Keep it, but read it as an ox or tree that was going to be destroyed anyway
19. ChallengeIf it was going to be destroyed anyway, what is the owner complaining about?
20. ResolutionThe owner wanted to do the מצוה himself
21. ProofProof: רבן גמליאל fined someone for taking another's מצוה of covering blood
22. StatementA palm tree that still gives a קב may not be cut down
23. ChallengeAn olive tree is protected at only a רובע
24. ResolutionOlive trees are more valuable
25. Statementרבי חנינא's son died for cutting a fig tree too early
26. StatementIf the wood is worth more, cutting is allowed
27. ProofA ברייתא reads the פסוק as allowing even a fruit tree
28. ChallengeWhy mention a barren tree if every tree is included?
29. ResolutionCut down barren trees first