Bava Kamma 48A

Study Bava Kamma folio 48A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

what reason is there to rule one way where the produce is brought in with permission, and what reason is there to rule another way where the produce is brought in without permission? With regard to damage done by the ox of a stranger, it should not make any difference.

The rabbis said in response: If he brought in the produce with permission, it is a case of damage under the category of Eating (see 2a), in the domain of the injured party, since, with respect to the produce, the courtyard is treated as belonging to its owner, and the halakha is that if an animal ca

Come and hear a proof from another baraita: If one brought his ox into a homeowner’s courtyard without permission, and an ox from elsewhere comes and gores it, he is exempt. But if he brought it into the courtyard with permission, he is liable. The Talmud clarifies: Who is exempt and who is liabl

The Talmud responds: No, the owner of the ox that gored is exempt, and the owner of the ox that gored is liable. The Talmud asks: If so, what significance is there to specifying the case of with permission, and what significance is there to specifying the case of without permission with regard to t

The rabbis said in response: In accordance with whose opinion is this? It is in accordance with the opinion of R' Tarfon, who says: The halakha of damage categorized as Goring in the courtyard of the injured party is different, and the owner of the goring animal pays the full cost of the damage.