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The Jerusalem TalmudJerusalem Talmud Bava Kamma 4.5

The Jerusalem Talmud

Jerusalem Talmud Bava Kamma 4.5

1
English · Heinrich W. Guggenheimer

MISHNAH: A bull which gored a human who then died, if it is notorious [the owner] pays weregilt, if tame he is not liable for weregilt; in both cases they have to be killed. The same holds for a son or a daughter. It it gored a male or female slave, [the owner] pays 30 tetradrachmas, whether he was worth a mina or was worth only a gold denar.

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English · Heinrich W. Guggenheimer

HALAKHAH: “A bull which gored a human,” etc. It was stated: “But the owner of the bull is free,” free from half the weregilt, the words of Rebbi Eliezer. Rebbi Aqiba said to him, Rabbi, is he not destined for the severity of the stoning place? He answered him, I said this only for one which intended to kill an animal but killed a human, etc. Before he objects to Rebbi Eliezer, should he not object to himself? Rebbi Miasha said, explain it if he transgressed and slaughtered it. But some want to say, from what we learn from Rebbi Eliezer who said, I said this only for one which intended to kill an animal but killed a human, a Gentile but killed an Israel, still birth but killed a viable [child], he is not liable. How does Rebbi Aqiba explain “the owner of the bull is free”’? Free from paying for a slave. Does not Rebbi Eliezer agree that he is free from paying for a slave? “If weregilt is imposed on him,” the verse speaks of the notorious. Does not Rebbi Aqiba agree that he is free from half the weregilt? It is said here, “the bull shall be stoned,” and it says there, “the bull shall be stoned.” Since about “the bull” mentioned there, the verse speaks of the notorious, so also about “the bull shall be stoned” mentioned here, the verse speaks of the notorious. But is it not written: “The bull by stoning shall be stoned”? It is better that “the bull shall be stoned” shall be interpreted following “the bull shall be stoned” rather than that “the bull shall be stoned” should be interpreted following “the bull by stoning shall be stoned”.

3
English · Heinrich W. Guggenheimer

Rebbi Yasa said, I heard something from Rebbi Samuel ben Rav Isaac in this matter, but I do not remember what it was. Rebbi Ze‘ira told him, maybe it was the following: At the start the discussion refers to the tame animal. It added weregilt for the notorious. Then it added damages for both of them. I could think that as it added damages, it added the payment for the slave; the verse says “but the owner of the bull is free;” free from paying for a slave. Rebbi La said, everywhere you are more restrictive for a slave than anything else since even if he is scabbed one pays thirty tetradrachmas; I would have said also (for his father and his mother) the same; the verse says “but the owner of the bull is free;” free from paying for fetuses. Everywhere you are more restrictive for a notorious than for a tame one, would you be more restrictive here for a tame one than for a notorious? But it must be so: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. Another Tanna stated: “But the owner of the bull is free;” free from paying for a slave. But is it not written: “If people quarrel”, people but not bulls. Rebbi Ḥaggai said, so is the baraita: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. But is it not written: “When they quarrel,” “when they brawl”. Is not quarrel the same as brawl? Since there the act was intentional, so here the act was intentional; or since here the act was unintentional, so here the act was unintentional. What about this? As Rebbi Samuel ben Rav Isaac said, at the start it treats the tame animal, etc.

4
English · Heinrich W. Guggenheimer

From where damages for a slave? The verse says, “or it gores a son, or it gores a daughter, …, and if a slave, etc.” Rebbi Ḥiyya bar Abba and Rebbi Samuel bar Isaac. One said, the addition may not be more than the main thing. But the other said, he has to pay the entire damages.

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Jerusalem Talmud Bava Kamma 4.5English
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Jerusalem Talmud Bava Kamma 4.50%

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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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