2 mishnayot: one on the timing of the court's decision regarding an ox that has killed and might need to be out to death, and how that impacts the value of the carcass. Plus, the 4 guardians (shomerim), and how they undertake the role of the owner. Also, what must one do to guard a mu'ad ox, sufficiently? The only certainty is when the ox has been put to death. But with dispute, of course.
Mishnayot! If an ox goes to do one thing, including intending to kill another who is not the one who was killed, the ox is "exempt." Plus, when subsequent damage (or death) to something the ox is accustomed to doing... It's not really considered the ox's intent to damage/kill. Also, the verse that establishes how a person is held accountable for premeditation. Plus, a mishnah on the different categories of owners of a killing ox, and which owners (according to whom) are still fully liable.
When a slave or freeman is killed unintentionally the fine and Kofer imposed on the owner is not paid. The daf also discusses what happens when someone dies by fire unintentionally.
The daf brings a disagreement between Rav Asi and Rabbi Akiva on paid damages for a killed Eved Caanani. The Gemara quotes a barita discussing how a lifer payment on a woman killed by an ox goes to her heirs and not her husband and why.
The Daf begins with a Mishnah that states an Ox that kills a person is stoned and other relevant halakhot. The Gemara shares a careful reading of a verse in Exodus about whether any benefit may be derived from a killer ox.
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?
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 to death. Also, the handling of the above kinds of cases with an apotropos - an agent appointed by ...
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, the death of a daughter of a sage who comes from a family of converts, and how Ulla first refuses ...
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.
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.
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 ox, but that ox's owner claims the damage took place in some other way. Who wins? The one seeking p...
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, the valuation of an ox's carcass, as part of the payment. Plus, the case where the valuation of a ...
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, disputing Rabbi Yishmael.
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 for damages, and one is credited for greeting the Shabbat Queen. And lastly, entering another's dom...
If someone falls and then causes another person to be injured are they liable? Do they need to warn the people behind them?
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 domain? The second mishnah addresses the carting of fertilizer that benefits from the trampling of pe...
The daf clarifies cases of negligence and what is the liability if an owner for an object one declares ownerless but then damages someone.
[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 damaging elements - the liquid or the shards of pottery.
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.
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.
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 tool of "da-yo" - the fundamental position that the logic of a kal va-chomer can only be applied as ...
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.
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
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
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.
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 anyone, is liable for damages?
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 harm or monetary loss?
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.
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," and therefore entail full damages or not? Is that Soumchos' rationale? What about other cases of pot...
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, and the degree to which the animal and its owner is responsible for the attenuated causation that's ...
