What about sheep? TB Baba Kama 55

Today we begin the sixth chapter of our massekhet with daf TB Baba Kama 55. The subject under discussion changes from oxen to sheep. This change we shall learn is significant.

The Mishnah begins discussing what is appropriate safeguarding (shemira-שְׁמִירָה) for sheep. “In the case of one who brought his flock of sheep into the pen and locked the door before it in a manner that is appropriate, and despite this sheep went out and caused damage in another person’s field by eating produce or trampling it, the owner is exempt, since he safeguarded the animals appropriately. If he did not lock the door before the sheep in a manner that is appropriate, and sheep went out and caused damage, the owner is liable, since his negligence led to the damage.” (Sefaria.org translation)

There is a disagreement what qualifies for minimum safeguarding (shemira pekhuta-שְׁמִירָה פְּחוּתָה) Rabbi Meir holds that shemira pekhuta is never acceptable for an ox. A person always needs maximum safeguarding (shemira me’ula- שְׁמִירָה מְעוּלָה). Rabbi Yehuda holds that an ox that is a tam (תָּם) needs shemira me’ula while a mu’ad (מוּעָד) just needs shemira pekhuta. Rabbi Eliezer says “A forewarned ox has no sufficient safeguarding at all other than slaughtering it with a knife. ” (Sefaria.org translation)

The Gemara explains that sheep are different and only require shemira pekhuta.

“Although animals are considered forewarned with regard to Eating and Trampling, one cannot apply to them a halakha stated with regard to an animal that is forewarned with regard to Goring. The halakha is different with regard to Eating and Trampling since the Torah limited the required standard of safeguarding for them. As the amora Rabbi Elazar says, and some say it was taught in a baraita: There are four matters for which the Torah limited their required standard of safeguarding, and these are: Pit, and Fire, Eating, and Trampling.

“Where does the Torah limit the required standard of safeguarding with regard to the category of Pit? As it is written: “If a man shall open a pit, or if a man shall dig a pit and not cover it, and an ox or a donkey fall therein, the owner of the pit shall pay” (Exodus 21:33). One can infer: But if he covered it, he is exempt from liability, even though it is possible that the pit would become uncovered in the future.

“Where does the Torah limit the required standard of safeguarding with regard to the category of Fire? As it is written: “The one who kindled the fire shall pay compensation” (Exodus 22:5), which is interpreted to mean that one is exempt from liability unless he acts in a manner that is similar to actively kindling the fire in another’s property by being negligent.

“Where does the Torah limit the required standard of safeguarding with regard to the category of Eating? As it is written: “If a man causes a field or vineyard to be eaten, and he set his animal loose, and it feed [uvi’er] in the field of another” (Exodus 22:4). This indicates that the owner does not bear liability unless he acts in a manner that is similar to causing his animal to feed there, by being negligent.

“Where does the Torah limit the required standard of safeguarding with regard to the category of Trampling? As it is written: “If a man causes a field or vineyard to be eaten, and he set his animal loose [veshilaḥ], and it feed in the field of another” (Exodus 22:4). This indicates that the owner is not liable unless he acts in a manner that is similar to setting his animal loose.

“Rabba said: The wording of the mishna is also precise, as it taught the halakha specifically with regard to sheep. This raises the question: Since we have been dealing with cases involving an ox in all the previous mishnayot, then let this mishna also teach the halakha with regard to an ox. What is different in this mishna that it teaches the case of sheep? Is it not because the Torah limited its requirements specifically with regard to the safeguarding against damage that is more likely to be caused by sheep, i.e., caused by Eating and Trampling, since sheep are unlikely to gore?” (Sefaria.org translation)