בס"ד
The beginning of Gemara Bava Kamma deals with property damages. It is largely an exposition on Exodus 21:25 to 22:16 which is largely the original source for the bulk of these laws. The Talmudic analysis at times is succinct and elucidating. At other times though, the logic is elusive and may leave the impartial reader exasperated.
The first mishna states that there are four fathers, meaning broad categories of damages: the ox, hole, מבעה (maveh), and fire. There is no apparent understanding of the word maveh and Rashi comments that it will be explained later on. Students typically find this irritating. Anyway ox refers to an ox that gores, bites, butts, tramples or generally engages in unexpected aggressive activity. A hole refers to a hole in a public area and generally to any public hazard. There is a debate concerning what maveh means. One opinion is that it refers to an animal eating particularly from the field of someone other than its owner. However a second opinion is that it refers to damages caused by a human being including while sleeping. Fire also includes dangerous volatile substances.
A goring ox, a hazardous hole, a hungry ox, and a fire are consistent with the narrative in the Chumash and explain the concept of damages especially in ancient times. The opinion that maveh means man has a basis in the text and the concept of damages albeit a weak one. It frequently shows up in the discussion in the Gemara and can be, at least to me, confusing, irritating, and puzzling. However if a person’s head is in a synagogue with a number of people who study there, it can at some point be viewed affectionately as a discussion among those that regularly study the sacred texts. This in fact is the Talmudic style and is typical.
The Gemara then investigates whether the Mishna or the Chumash is being redundant in these four categories. The conclusion is that they are conceptually different therefore will have different rules, some of them unique. This seems to me to be intuitively obvious. However the Gemara spends many words painstakingly examining if any category can be covered by the others.
Rabbi Oshaya taught that there are thirteen fathers of damage. They are the four primary categories enumerated in the mishna, the four bailees, and the five types of damage. The four bailees are: 1) The person who agrees to watch something as a favor and is not paid, 2) the borrower, 3) the paid guard, and 4) the renter. The five types of damage one is liable to pay for injuring another person are: 1) decrease in the injured party’s market value if he was a slave; 2) pain; 3) medical expenses; 4) sick leave; and 5) embarrassment.
Rabbi Ḥiyya teaches that there are twenty-four fathers of damage. They include the thirteen of Rabbi Oshaya. The remaining eleven are culled from the narrative in the Chumash. This includes things like compensation a thief must pay to the victim, sexual abuse, and profanation of sacred articles. On some articles there is a debate as to whether the payment is for damages or in fact is a fine.
לע"נ האמא מלכה בת חיים ז"ל נלב"ע טז ניסן תשנ"ח
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