Introduction toבבא קמא

Types of Damages

A person is liable, חייב for damage he causes ,to others or their property, if it was a result of negligence on his part. This is called פשיעה

A person is not liable, פטור for damage he ,causes to another’s property if it was the result of an unforeseen circumstance and he was not negligent. This is called אונס

A “damager” specifically mentioned in the Torah is called an אב

Any “damager” that is not specifically mentioned in the Torah, but is similar to one that is mentioned is called a תולדה

• ,damage that happened in an uncommon - תםabnormal way. The person who caused it is not expected to have foreseen it happening

• ,damage that happened in a common – מועדnormal way. The person who caused it should have known it would happen

There are two categories of damages:

Cast of Characters

1. אדם

Damage caused by the person himself

a. מזיק

The person who caused damage to someone else, personally or through his property

b. ניזק

The person who was damaged, either personally or his property

2. His Animal

One is liable for damage done by any animal that he owns

a. שן

Damage by an animal through the normal act of eating

b. רגל

Damage by an animal with its foot in the course of normal walking

c. שור תם

A “tame” ox, that has not been established as an animal with a habit of goring

d. שור מועד

A “warned” ox, that has been established as an animal that has the habit of damaging by goring

אש .3

A fire, lit by someone, which then spreads and damages another’s property

בור .4

A pit in the ground dug or uncovered by someone, which then causes damage to a person or his animal

ד ,שמות כב

ומיטב כרמו ישלםמיטב שדהו בשדה אחר ובער את בעירה ושלחכי יבער איש שדה או כרם

If a man will lead an animal to a field or vineyard and he sends his animal out and it devours the field of another, he must repay with the best of his field and the best vineyard.

This refers to רגל an ,animal that damages by trampling

This refers to שן an ,animal that damages by eating

But not…•field of the מזיק •public property

But not the best of “moveable property”

Shein – שןDamage done by… an animal’s normal act of eating

Main Characteristics… – The behavior is normal for the animal– The animal does it for self-gratification

Subcategory)…) Damage done by an animalתולדהrubbing its body against something to relieve an itch

Compensation… – Pays full cost of damage done on the ניזק‘s property– Does not pay for damage done in רשות הרבים

Regel - רגלDamage done by… an animal’s foot in the normal

course of walking

Main Characteristics…

– Commonplace behavior for the animal

– Does not intend to do damage

Damage done by an animal …(Subcategory) תולדהbrushing against something as it walks by

Compensation…– Pays full cost of damage done on the ניזק‘s property

– Does not pay for damage caused in רשות הרבים

ולא ישמרנו והועד בבעליוואם שור נגח הוא מתמל שלשם : ובעל השור נקי

:בעליו יומת והמית איש או אשה השור יסקל וגם

If an ox gores a man or a woman, who dies, the ox should be stoned and its flesh should not be eaten and the owner of the ox is absolved. But if the ox was known to gore from yesterday and the day before, and its owner had been warned and did not guard it, and it killed a man or a woman, the ox should be stoned and even its owner should be put to death.

The owner must be warned by witnesses of each incident in which his ox gored

But if the owner did try to guard it, he does not have to pay

כט-כח, שמות כא

But not the ox of a minor

כספו וגם השור החי וחצו את שור רעהו ומת ומכרו את אתאיש שוריגף וכי

מתמול שלשם ולא ישמרנו בעליואו נודע כי שור נגח הוא : המת יחצון את

:לו שלם ישלם שור תחת השור והמת יהיה

And if a man’s ox pushes the ox of his friend, and it dies, then they should sell the living ox and divide its money, and the carcass, too, they should divide. But if it was known that this ox gores regularly from yesterday and the day before and its owner did not guard it, he should pay an ox in place of the ox, and the carcass will be his.

It takes three incidents for the ox to be considered מועד…(“known to gore”)•Yesterday•The day before•And its owner did not guard it

לו-לה, שמות כא

Keren - קרן

Damage done by… damage done by the animal with its horn

Main Characteristics…– The behavior is abnormal for the animal

– The damage was done intentionally

Compensation…– : pays half damageתם– : pays full damageמועד– Pays for damage done anywhere, including רשות הרבים

בעל הבור ישלם כסף ישיב: חמור שור אושמה ונפל

:לו והמת יהיהלבעליו

If a man uncovers a pit, or a man digs a pit and does not cover it, and an ox or donkey falls into it. The owner of the pit should pay, and return money to its owner, and the carcass should be his.

He is responsible even if all he did is dig or uncover it, but didn’t own it

Only one man, but not two. The last guy to finish the job is the one responsible

But if he covered it, he is פטור

The pit must be deep enough to kill the animal

An ox… but not a personA donkey… but not utensils

Pit - בורDamage done by… a pit one digs or fails to cover

properly

Main Characteristics…– Involves an immediate danger– It is stationary

Damage done by anything …(Subcategory) תולדהdangerous one leaves in a public place (stones, etc…)

Compensation…– Pays full amount of damage– Pays for the animal, but not for anything the animal was

carrying

– Pays if a person is injured, but not if he is killed

ה, שמות כב

: הבערה המבער אתשלם ישלם

If a fire goes forth and finds thorns and a grain stack is consumed, or the standing crop, or the field, the one who kindles the blaze shall surely pay

Even something worth very little

Only things that are visible, not hidden objects

Even an empty field, scorched earth and stones He lit it irresponsibly – but

if he took precautions, he is פטור

-אש Damage done by… a fire one sets or owns that he failed

to guard from spreading

Main Characteristics…– Travels to what it destroy through other natural forces

Damage done by a stone blown by …(Subcategory) תולדהa wind onto something, causing injury

Compensation…– Pays full amount of damage