Yardaena Osband & Anne Gordon
Talking Talmud
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Episodes
Bava Kamma 40: Atoning for a Goring Ox 12.12.2023 19:52
Establishing "kofer," the payment paid by the owner of a mu'ad ox that killed a person - as a measure of atonement. Or is it just part of damages? That's a machloket, or a machloket whether it's a machloket! Plus, the question of the stadium ox - what is the degree of its innocence? Can it be offered on the altar as a sacrifice?
Bava Kamma 39: Stadium Oxen 11.12.2023 19:54
A new mishnah: How does the status of the owner have impact on the obligation to pay damages in the event of one's ox goring another? Specifically, one who is considered halakhically responsible, as compared to "heresh, shoteh, ve-katan," the deaf-mute, someone who is cognitively impaired, or a minor. In the event of an ox trained to fight (as in bull-fighting), an ox that kills a person isn't put...
Bava Kamma 38: Fulfilling Your Role on Earth 10.12.2023 22:54
Some aggadata... Addressing the verse that teaches the Jew vs. non-Jew's goring ox and the obligation to pay. Which explains why a Canaanite's ox would incur full damages. Plus, a discussion of the obligation to keep commandments that they didn't want to keep - and the lack of reward for them. And the principle that those who are commanded get greater reward for fulfilling those commandments. Also...
Bava Kamma 37: Selective Goring 09.12.2023 26:03
How the ox becomes mu'ad, and how am ox can be expected to gore some, but not others (including with regard to other species). Also, how frequently, and in what pattern, does an ox need to gore to be mu'ad? What about monthly goring, or plus a day? Also, a new mishnah about who owns the animals - Jews, the Temple, and non-Jews.
Bava Kamma 36: How Many Oxen Can An Ox Gore 08.12.2023 16:44
A new Perez starts off with a Mishnah discussing what happens with damages payments when a tam ox gores multiple oxen owned by multiple people. The Gemara examines if liability can be moved from the owner to someone else.
Bava Kamma 35: The Burden of Proof 07.12.2023 19:33
Cases of damage by the animal vs a person - where the question of who is liable that can be less pleasing to the person who has suffered damage, and might not get paid back. Specifically, when does a person's intent make a difference with regard to paying damages (or getting paid for them)? Plus, a new mishnah: One ox chases another ox, which is subsequently damaged, and the owner blames the other...
Bava Kamma 34: How Much Is That Ox Worth? 06.12.2023 21:39
A discussion of the goring oxen, with monetary values attached - which raises the question of appreciation and depreciation, and how the changes in value may have impact on how the damages are evaluated. Plus, two mishnayot on the daf, the first of which introduces (as it were) the monetary values of oxen that gore each other - which an application of the biblical verse regarding these cases. Also...
Bava Kamma 33: If Your Ox Gores My Ox... 05.12.2023 14:02
A new mishnah: Oxen that gore each other - who pays how much depends on which animal is how damaged, and then depends on the status of the oxen. Likewise if an ox gores a person, or a person an ox. Except that Rabbi Akiva disagrees, and the Gemara addresses why. Also, a second mishnah, on the question of the value of the carcass of the ox - and, again, Rabbi Akiva has a different view - this time,...
Bava Kamma 32: Damages and Unexpected Parallels 04.12.2023 22:51
3 new mishnayot: the first, about the damage of a person with a barrel and the other with a beam, who collide in the public domain. If the beam damages the barrel, when, if ever, does the beams owner have to pay damages? Which leads the Gemara to draw a parallel to a husband who injures his wife in sexual intercourse. And the next mishnah: When rushing in the public domain, when one is held liable...
Bava Kamma 31: Pileup 03.12.2023 15:04
If someone falls and then causes another person to be injured are they liable? Do they need to warn the people behind them?
Bava Kamma 30: Everyone Has a Portion in the Land of Israel 02.12.2023 12:54
2 mishnayot! The first one addresses damage caused by something put in the public domain - specifically, one who hides something damaging or makes a fence out of something damaging (like with thorns), when others are damaged, the owner needs to pay full damages. The Gemara narrows the application of the mishnah's more general case quite a lot - how can water do damage on the ground in the public d...
Bava Kamma 29: Ownerless objects 01.12.2023 19:15
The daf clarifies cases of negligence and what is the liability if an owner for an object one declares ownerless but then damages someone.
Bava Kamma 28: Don't Take the Law into Your Own Hands 30.11.2023 18:15
[Who's Who: Ben Bag Bag] The Gemara brings a lot of cases to argue that one cannot take the law into his or her own hands - even when it comes to making a new path in the public domain. Plus, the donation, so to speak, of one's property to expand the public use, it remains with the public domain - he can't take it back. Also, a new mishnah: a jug that breaks in the public domain, which leaves dama...
Bava Kamma 27: Left Objects 29.11.2023 17:42
The seocnd perek closes with a series of outlandish accidents that try to help define the parameters of liability. The third perek begins with a Mishnah discussing what happens if someone leaves an object in a reshut harabim.
Bava Kamma 26: When the Logic Doesn't Apply 28.11.2023 18:07
More on kal va-chomer logic, and several apparently relevant examples (of damages) when it is not applied. Plus, a new mishnah - and how a person is always responsible for the damage he or she causes.
Bava Kamma 25: Sufficient Logic 27.11.2023 20:18
First, a long mishnah - paying damages for the ox that damages. Depending on where the damage took place. But what impact does the location have, once you're paying full damages? The public domain is less strict for common damages, and more strict for "keren," the less expected damage. But there are limits - where the derived law is the same as the sourced law. Plus the application of the logical...
Bava Kamma 24: When an Animal You Don't Own Is Your Weapon 26.11.2023 19:20
More on how an ox shifts from being "tam" to "mu'ad" - is the ox or the person whose somewhat negligence has given it room to gore? Also, the case of a person who uses a second party's dog to cause harm to a third party - who's responsible from a financial perspective? The Gemara attempts to resolve the dog case with the ox case.
Bava Kamma 11: Ulla x 7 25.11.2023 17:11
Are there categories of damagers who the course does help with the valuation of the damages? Where category is the borrower in? The daf also includes sevens teachings of Ulla in the name of Rabbi Elazar
Bava Kamma 23: Big Mouth 25.11.2023 18:10
Does a cow’s mouth belong to the owner and if a cow eats someone else’s property is the damage taking place in the damager’s property - the mouth of the cow? The daf has a Mishnah describing the difference between tam and muad b
Bava Kamma 22: How By Fire 24.11.2023 13:58
The daf presents a makhloket between Rabbi Yochanon and Reish Leikish on the how fire damages. The Gemara also mentions a Jewish holiday that usually does not get a lot of space in the Gemara.
Bava Kamma 21: Dog on a Hot Tin Roof 23.11.2023 17:31
How does the owner of an animal that caused damage by eating pay for that damage? Specifically when the animal turns its head to eat from the side - even though it's a public domain kind of damage. Also, a new mishnah: what happens when a dog or a goat jump from a roof and damage vessels upon landing? What if they fell, instead of jumping? What if they had no option to land elsewhere? Who, if anyo...
Bava Kamma 20: Squatter's Rights 22.11.2023 19:20
What if your animal eats food from the pack on the back of another animal? Or comparable damage. Who's responsible? Is this standard behavior or not? Is it like walking and damaging or standing and damaging or jumping and damaging, which is another category, or might be. Also, what about the case of a squatter - and what happens then? Does the owner know? Is rent involved? Is squatting causing any...
Bava Kamma 19: Wag the Dog 21.11.2023 18:02
More, yes, on attenuated causation. [Who's Who: Rabbi Yehudah Nesiah] What about a wagging tail? Does the animal's owner need to hold on to the tail to prevent any potential damage? That seems a bit much. Also, a new mishnah - with additional considerations, such as whether the damage takes place in the public domain. With a greater focus on "shen," tooth, eating.
Bava Kamma 18: Don't... Excrete Where You Eat 20.11.2023 18:59
Why are chickens pecking at a rope from which a bucket will drop, if they peck through? Will that make a difference as to how much the owner of the chickens would have to pay? Soumchos says the chicken owner should pay full damages - is that the reason the chicken case would need full damages? Is it just following his opinion? Also, can the case of tzrurot (pebbles) ever become a case of "mu'ad,"...
Bava Kamma 17: Can Chickens Break a Bucket? 19.11.2023 17:28
Wrapping up the first chapter - with some aggadata doing some analysis of biblical verses that seems to connect to the halakhic topics at hand in both the first chapter and the upcoming second one. Also, the opening mishnah of Chapter 2: investigating "regel," the damage an animal does in the course of its walking. With an additional focus, which comes out in the Gemara too, on tzrurot - pebbles,...
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