Bava Kamma 58A

Study Bava Kamma folio 58A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

one cannot make such an inference from Rav’s statement. Rav is speaking utilizing the style of: It is not necessary, and this is how to understand his statement: It is not necessary to state that if the animal fell into the garden and ate from its produce, that the owner pays for the benefit that i

The Talmud asks: But why not say that this is indeed the halakha, and the owner of the animal should be exempt for paying for the benefit of his animal not being injured?

The Talmud answers: One who repels a lion from another’s property does so with intent, knowing that he would be ineligible for payment. By contrast, this owner of the garden did not act with intent and would have preferred for the incident not to have happened. Alternatively, one could say that on

The Talmud asks: How did the animal fall? In which case does this halakha apply? Rav Kahana says: It slipped on its own urine. Rava says: Another animal belonging to the same owner pushed it, causing it to fall there.

The Talmud explains: Rava, the one who says that the Mishnah is referring to a case where another animal pushed it, in which case the owner pays only for the benefit that the animal derived and is exempt from paying for the damage caused, holds that all the more so this halakha would apply in a cas