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The Jerusalem TalmudJerusalem Talmud Bava Kamma 4.4

The Jerusalem Talmud

Jerusalem Talmud Bava Kamma 4.4

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English · Heinrich W. Guggenheimer

MISHNAH: If a bull of a sane person gored the bull of a deaf-mute, insane, or underaged person, he is liable. If a bull of a deaf-mute, insane, or underaged person gored the bull of a sane person, he is not liable. If a bull of a deaf-mute, insane, or underaged person gored, one appoints a guardian for them and receives testimony about them in the presence of the guardian. If the deaf-mute became hearing, the insane normal, the underaged of age, it returns to be tame, the words of Rebbi Meïr; Rebbi Yose said, it remains in its prior state. A bull of the stadion is not to be killed since it is said: “if it gores,” not that others train it to gore.

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English · Heinrich W. Guggenheimer

HALAKHAH: “If a bull of a sane person,” etc. So is the Mishnah: The bull of a deaf-mute, the bull of an insane, the bull of an underaged.

3
English · Heinrich W. Guggenheimer

Did we not state: “If a bull of a deaf-mute, insane, or underaged person gored, one appoints a guardian for them and receives testimony about them in the presence of the guardian”? So far if testimony was taken in the presence of the owner and he delivered to the guardian. If testimony was taken in the presence of the guardian and he delivered to the owner? Let us hear from the following: “If somebody borrowed it with the understanding that it was tame but it turned out to be notorious, the owner pays half of the damages and the borrower pays half of the damages.” Rebbi Eleazar said, this is Rebbi Yose’s, since Rebbi Yose said, it remains in its prior state. But if this is Rebbi Yose’s, he should pay in full. If he borrowed it with the understanding that it was tame. But if he borrowed it with the understanding that it was tame, he should not have to pay anything. If he knew that it was apt to gore. It was stated: “If it killed while at the borrower’s, who handed it back to the owners, before judgment was rendered he is not liable, after judgment was rendered he is liable. Rebbi Jacob said, even after judgment was rendered but before it was stoned, he is not liable.”

4
English · Heinrich W. Guggenheimer

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, but only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit nor for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage.

5
English · Heinrich W. Guggenheimer

If a bull of orphans and guardians went out and did damage, what is the rule? Rebbi Joḥanan said, [the damage is paid] from the orphan’s property. For if you say from the guardians’, nobody ever will agree to become a guardian. Rebbi Yose ben Ḥanina said, from the guardians’. Rebbi Yose ben Ḥanina follows Abba Shaul and Rebbi Joḥanan the rabbis, as it was stated there: “A guardian appointed by the orphans’ father shall be made to swear; if he was appointed by the court he shall not be made to swear,” for the court will check him out. “Abba Shaul says, it is the other way around,” a guardian appointed by the orphans’ father shall not be made to swear; it would be as if he would take a pledge from him. If he was appointed by the court he shall be made to swear, since a person will do much to be called trustworthy.

6
English · Heinrich W. Guggenheimer

Abba bar Rab Huna said: This implies that somebody who hit another person’s animal which as a consequence went and did damage is responsible for the damage caused.

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Jerusalem Talmud Bava Kamma 4.4English
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Jerusalem Talmud Bava Kamma 4.40%

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The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

Hebrew/Aramaic text: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

English translation: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015); commentary notes omitted, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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