Bava Kamma 105: Rava’s teaching
The daf contains an assorted collection of Rava’s teachings. Ben Azzai discusses the case of a witness who could have helped a litigant but swears falsely that he has no information to help him.
Feb 15, 2024•21 min
Talking Talmud
Yardaena Osband & Anne Gordon
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Episodes
Bava Kamma 104: Paying the Fifth
What it means when one appoints an agent to receive payment via a repentant thief, for example. Especially if there are witnesses to the appointment. Of course, it's a machloket. Also, delving into the fifth extra that the robber pays his victim. Why does he owe extra? And to whom does he owe extra? Plus, fathers and sons who owe and swear, perhaps falsely.
Feb 14, 2024•20 min•Season 21Ep. 104
Bava Kamma 103: Much Ado about a Bunch of Flax
A story used to assess halakhic stance: flax that is purchased, but not acquired, and then appreciates in value, and the shopkeeper sold it, with the intent to give the money to the original owner (Rav Kahana, in this case). What are the implications for ownership, interest, and the rights to the flax? Plus, how this can come to smack of robbery... Also, a new mishnah, where a thief swears falsely about what he's taken, and therefore has to pay a fifth above the principle he must pay back anyway...
Feb 13, 2024•22 min•Season 21Ep. 103
Bava Kamma 102: Studying vs. Writing the Mishnah
A discussion between two Amoriam (Rav Yosef and Rav Huna) reveals that the order of how mishnayot were studied is different than how they were written down. Can a father consecrate his family’s possession? Can tefillin consecrated?
Feb 12, 2024•30 min
Bava Kama 101: Defining the Art of a Craft
Moving on from dying wool to carpentry: a chair vs. a bench. Also, what is the status of dye once it has been applied to wool - when it's coloring the wool. With cases from shemitah, the jubilee year, orlah, and more. Plus, the limitations on a dead body rendering a home impure - including whether the person bled in the home before he died.
Feb 11, 2024•17 min•Season 21Ep. 101
Bava Kamma 100: Red and Black
The daf continues its discussion about moneychangers and coins. Finally the daf has the mishnah that has been quoted many times about wool that was dyed the wrong color and other errors made by an expert craftsman.
Feb 10, 2024•12 min
Bava Kamma 99: The Expert Slaughterer
The Gemara continues to discuss if a craftsman acquires a kli he makes an improvement on and relate this to a disagreement between R. Meir and the Rabbis. The daf also explores the category of shochet as a expert. What knowledge did Shmuel expect from his student?
Feb 09, 2024•16 min
Bava Kamma 98: Indirect Damages: Who Is Liable?
If one throws another's coin into the Mediterranean Sea, when is that exempt from paying back and when must you? Also, what if one burns a promissory note? Doesn't that cancel the debt, because there's no proof of the loan. Also, the indirect causation of damages - when is one liable for it, and when not (dina de-garmi). Also, the case of bread (chametz) that is stolen and returned after Pesach, so the item no longer has value - what is the thief obligated to pay, if at all? Plus, how this case ...
Feb 08, 2024•23 min•Season 21Ep. 98
Bava Kamma 97: Worthless Coins
Comparing slaves to land and to movable objects - unpleasant comparisons, but useful in trying to understand whether one can steal another's slave. Plus, what happens if one squats in a courtyard of a friend from whom he has borrowed money? It smacks of ribit/interest. Also, more cases about changing money with regime change. Will paying back a loan be based on the coinage or the value of it at the time of the loan? Plus, you can't desacralize ma'aser sheni money
Feb 07, 2024•22 min•Season 21Ep. 97
Bava Kamma 96: When Is a Palm Tree No Longer a Palm Tree?
When a thief improves what he's stolen and sells it or leaves the object to his heirs... the buyer acquires the right to that improvement. But what about if the thief is an idolator? Plus, what counts as an improvement? (With a palm tree as a case study) Also, a new mishnah, where the change to the animal is that it ages... or is reduced in value because of external reasons. Plus, the Gemara's discussion of aging leading to an increase in value.
Feb 06, 2024•21 min•Season 21Ep. 96
Bava Kamma 95: Rebbi’s Meir and shinui koneh
The daf explores Rebbe Meir’s approach to the question of whether change to an object effects acquisition. A question to consider: does the robber gain from among an enhancement?
Feb 05, 2024•22 min
Bava Kamma 94: Rebbe’s Takana for Teshuva
The Daf continues its discussion on shinuy koneh and why the Halacha follow R. Shimon Ben Elazar. R. Yehudah HaNasi constructs a takana to encourage more people who steal to repent.
Feb 04, 2024•20 min
Bava Kamma 93: Making Something Your Own
If one person invites another to injure himself (or herself), both the physical injury and the damage to a family's reputation. Plus, when one invites another to cause damage to that first person's property. Also, a purse of charity funds that was stolen, and the guardian was not liable - but why not? Also, the beginning of chapter 9: with a focus on stealing an object and making changes to it.
Feb 03, 2024•18 min•Season 21Ep. 93
Bava Kamma 92: Pray for Mercy on Others' Behalf
Last mishnah of the chapter: When one injures another, and pays compensation, he still isn't forgiven until the victim offers it -- as learned from the interaction between Avraham and Avimelech. At the same time, however, the victim is not allowed to hold a grudge. Also, 17 (18?) teachings or adages that were clearly known in the world that Rabbah bar Mari provides the sources for them in the Torah. Including poverty follows the poor, and if a friend calls you a donkey, prepare a saddle for your...
Feb 02, 2024•26 min•Season 21Ep. 92
Bava Kamma 91: When an Object Becomes a Weapon
Is there an assessment by the court to establish damages? Certainly, if the injured party is killed, the item is assessed to be a potential tool to kill, but what about if it's just an injury? Recall the "pit" that has a measure at which it's considered potentially killing (10 tefachim), but where less than that, the owner is only responsible for damages, not death. Also, is it permitted for a person to injure himself? What about cutting down his own trees? Under what circumstances are these act...
Feb 01, 2024•26 min•Season 21Ep. 91
Bava Kamma 90: What Judge Recreates the Cases He Judges?!
A bit more on Takanat Usha. Plus, a man who strikes his slave and the slave dies, the owner is punished with capital punishment. Also, a very long mishnah, with a price list, as it were, for various injuries and the appropriate compensation. Plus, more on Rabbi Akiva (starring in the mishnah), as to whether a witness can be a judge.
Jan 31, 2024•21 min•Season 21Ep. 90
Bava Kamma 89: Back in Ketuvot
The daf entertains the idea that a woman may sell her ketubah to pay damages to someone she injured or to her husband she injured. The daf finally explains why this discussion about ketuvot appears in Bava Kamma.
Jan 30, 2024•22 min
Bava Kamma 88: A=B=C
The daf tried to determine why slaves are disqualified from being witnesses by comparing slaves to other categories of people. In the middle of the daf is an incident with the mother of Rav Shmuel bar Ava if Hegronya and what happened to her melug property after her death.
Jan 29, 2024•24 min
Bava Kamma 87: Personal Injuries
A new mishnah! It spells out a good number of cases that entail paying the 5 compensations, and when one would be exempt, including what happens when one strikes a parent and does or does not cause a bruise. Also, the Gemara here - beginning with one who injures a minor daughter (vs. an adult son), and carrying through to a trust for a son... and other monetary support.
Jan 28, 2024•21 min•Season 21Ep. 87
Bava Kamma 86: Boshet (Humiliation)
On Boshet - humiliation. And how this compensation is assessed. Plus, which sage's opinion is represented in the mishnah. Also, a new mishnah- when one humiliates people on specific categories - a naked person, a blind person, and more - depending on when there is intent. The question of the degree of objectivity regarding what is considered humiliating is key. Plus, the Gemara narrows the apparent cases from the mishnah.
Jan 28, 2024•20 min•Season 21Ep. 86
Bava Kamma 85: Repui and Boshet
The daf continues the discussion in different types of payments when a person injures another person specifically repui and boshet and how each is calculated.
Jan 26, 2024•18 min
Bava Kamma 84: An Eye for an Eye
When the Torah says, "an eye for an eye," how is that the Gemara concludes that the perpetrator compensates for the damage with money, rather than coming after him physically? Also, the deep topic of how to assess damages - to compare the injured party to a slave, which was, perhaps, logical, but nonetheless off-putting. Also, this particular assessment was only done in Israel, and not to be used in Babylonia.
Jan 25, 2024•25 min•Season 21Ep. 84
Bava Kamma 83: If You Learn Greek, Must You Think Greek Thoughts?
Finishing up chapter 7... With more on the prohibition against Greek wisdom, and the language, as well as other "foreign" languages. Also, starting chapter 8, with the 5 categories of payment for personal injury.
Jan 24, 2024•18 min•Season 21Ep. 83
Bava Kamma 82: Ezra’s Ten
The daf lists the 10 rules set up by Ezra HaSofer when he resettled the land. Plus there is mention of 10 rules only for Jerusalem. The daf returns to the discussion of what animals may not be raised in Eretz Yisroel by sharing an event that may explain why pig is the biggest non-kosher taboo.
Jan 23, 2024•27 min
Bava Kamma 81: The Ten
A barita describes ten rules established by Yehoshua when Bnei Yisroel settled the land. Another barita discusses how all of the tribes’ portions shared equal topography.
Jan 22, 2024•13 min
Bava Kamma 80: The Curative Properties of Goat Milk
More on the prohibition against raising certain small animals. Plus, the story of a pious person who had pain in his heart, and the doctors had no cure except for fresh goat milk from the source. Also, the respect paid to rabbis by each other, and the prohibition against owning a cat (especially white cats; black cats might be okay). Plus, signing on the dotted line to purchase a home in the land of Israel, even on Shabbat.
Jan 21, 2024•21 min•Season 21Ep. 80
Bava Kamma 79: How Much Chutzpah? Ignoring God vs. Ignoring People
How a thief can take formal possession of an animal even while on the owner's property, depending on when the thief leaves that property, for example. Plus, a discussion of why the ganav is treated more stringently than a gazlan is. Also, a new mishnah: specific animals that were not allowed to be raised in the land of Israel. Including specific details of sheep, goats, chickens, and dogs, among other small(ish) animals, including what may be the original leash law.
Jan 20, 2024•22 min•Season 21Ep. 79
Bava Kamma 78: Kilayim animals
How does the prohibition against mating diverse kinds of animals impact the fourfold or fivefold payments. Plus our favorite halakhic animal the Koy appears on the daf. A new Mishnah discussed what happens when only part of the animal is sold after it is stolen.
Jan 19, 2024•19 min
Bava Kamma 77: Meat - Holy and Treif
A tiny page of Gemara on amud left, with a massive amount of commentary by the Baalei HaTosafot - on the red heifer, and a parallel discussion from the tractate Hullin. Specifically, on whether the meat of kodshim and dough can join together to form a minimum measure (spoiler: they do not). Also, more on the slaughtering that takes place with the animal that has been stolen.... and how an animal that has been improperly slaughtered can be accounted for.
Jan 18, 2024•17 min•Season 21Ep. 77
Bava Kamma 76: Answers from Eretz Yisroel
The daf examines the opinion of Rabbi Shimon and his distinction between payment of the fourfold or fivefold fine in the case of a korban with achraut versus a korban without achraut. Rabbi Yochanon and Reish Lakish disagree how to understand Rabbi Shimon and what is the significance that this discussion quotes amoraim from Eretz Yisroel?
Jan 17, 2024•19 min
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