Monday, November 13, 2023

TB Baba Kama 9-10 Major differences between the damages

Although there are four major categories of damages, there are significant differences between them. TB Baba Kama 9b-10a delineates the differences between the four types of damages.

Ҥ The Sages taught: There is a stringency that applies to the category of Ox as opposed to the category of Pit, and conversely, there is a stringency that applies to Pit as opposed to Ox.

"The baraita elucidates: The stringency that applies to Ox as opposed to Pit is that if the ox kills a Jew, the owner is liable to pay a ransom to the victim’s heirs. (Instead of a death sentence because his ox killed a Jew, the Torah allows him to pay a ransom for his life-gg) And for killing a slave the owner of the ox is liable to pay thirty sela to the slave’s master. Furthermore, in such a case, once the court hears the evidence and the verdict of the ox is complete and the court rules that the ox must be killed, it is prohibited to derive any benefit from the ox. And from then, it is considered that the typical manner of the ox is to proceed and cause damage. All of this is not so in the case of a pit that caused damage. And the stringency, i.e., the reason to be stringent, that applies to Pit as opposed to Ox is that with regard to the primary category of Pit, its initial formation, e.g., its digging, is done in a manner that can result in damage, and the one responsible for it is considered forewarned from its inception. This is not so with regard to Ox.

“There is a stringency that applies to the category of Ox as opposed to Fire, and conversely, there is a stringency that applies to Fire as opposed to Ox.

The baraita elucidates: The stringency that applies to the category of Ox as opposed to the category of Fire is that if an ox kills a Jew the owner is liable to pay a ransom, and for killing a slave the owner is liable to pay thirty sela. Furthermore, in such a case, once the court hears the evidence and the verdict of the ox is complete and the court rules that the ox must be killed, it is prohibited to derive any benefit from the ox. And if one transfers his ox to the care of a deaf-mute, an imbecile, or a minor, and it causes damage, he is liable. All of this is not so with regard to a fire. And the stringency that applies to Fire as opposed to Ox is that the one responsible for the fire is considered forewarned from its inception, which is not so with regard to an ox.

There is a stringency that applies to the category of Fire as opposed to the category of Pit, and conversely, there is a stringency that applies to Pit as opposed to Fire.

“The baraita elucidates: The stringency that applies to the category of Pit as opposed to the category of Fire is that its initial formation, e.g., its digging, is done in a manner that can result in damage, and if one transfers it to the care of a deaf-mute, an imbecile, or a minor and it causes damage, one is liable. This is not so with regard to a fire. The stringency that applies to Fire as opposed to Pit is that the typical manner of a fire is to proceed and cause damage. And the one responsible for it is considered forewarned with regard to its consuming both something that is fitting for it and something that is not fitting for it, i.e., both flammable and non-flammable items. This is not so with regard to a pit.” (Sefaria.org translation)

These are not the only differences between the different kinds of damages. Both the rabbis and Rabbi Yehuda suggest other differences. See the rest of the daf what other differences are there and why they weren’t included in the above baraita.

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