Bava Kamma - Daf 2
- ארבעה אבות נזיקין
The opening Mishnah states: ארבעה אבות נזיקין – There are four primary damagers (i.e., mentioned in the Torah), השור – the ox which was not guarded and it damaged, והבור – the pit which one dug or uncovered, and someone’s animal fell in, והמבעה – the mav’eh (explained later to refer to אדם – damage done by man, or שן – tooth, damage done by an animal eating), וההבער – and the fire. The Torah needed to write all four categories of damagers: The ox and mav’eh each possess a stringent characteristic relative to the other, and both, שיש בהן רוח חיים – which are living, are not like fire, which is not living. None of these, שדרכן לילך ולהזיק – whose way is to go forth and damage, is like the pit, which damages in its place. The צד השוה – common characteristic among them all is: שדרכן להזיק – that their way is to damage, ושמירתן עליך – and the obligation to watch them is upon you the owner, וכשהזיק – and when [any of these damagers] does damage, חב המזיק לשלם תשלומי נזק במיטב הארץ – the damager’s owner is obligated to pay for the damage with the best quality land.
- תולדותיהן כיוצא בהן או לאו כיוצא בהן (שבת, טומאה)
From the term "אבות", מכלל דאיכא תולדות – it is implied that there are subcategories of damagers which can be derived from the primary damagers. The Gemara asks: תולדותיהן כיוצא בהן או לאו כיוצא בהן – Are the subcategories similar in law to [the primary categories], or not? Regarding Shabbos, there are thirty-nine primary melachos, and numerous tolados. These tolados are identical in law to their avos, in that an inadvertent transgression of either requires bringing a chatas, and an intentional transgressor is executed by stoning. The Gemara explains why melachos are classified as avos and tolados. Regarding tumah, on the other hand, we find that tolados do not share the same law as avos: דאילו אב מטמא אדם וכלים – For whereas primary tumah (e.g., a sheretz) is metamei people and utensils, ואילו תולדות – tolados (something that contracted tumah from an av) אוכלין ומשקין מטמא – can only be metamei food and drink, but not people or utensils. Since tolados of Shabbos are similar to their avos, but tolados are tumah are not, the Gemara inquires if tolados of damagers are similar to the avos. Rav Pappa concludes that some tolados are similar to their avos, and some are not, and the Gemara will seek to identify which are not.
- The תולדות of קרן, and כי יגף of the Torah
The Gemara lists the tolados of קרן – horn (damage through goring): נגיפה – Pushing, נשיכה – biting, רביצה – squatting, ובעיטה – and kicking. The Gemara asks that just as goring is a primary damager because the Torah writes "כי יגח" – if [an ox] shall gore, pushing should also be a primary damager, since the Torah writes "כי יגוף" – if [an ox] shall push!? It answers that the word “pushing” in the passuk means goring (i.e., striking with horns), as evidenced by the Torah switching to the term goring in the same passuk. The Gemara explains that “goring” is used regarding a human victim, whereas “pushing” is used regarding an animal victim, because regarding אדם דאית ליה מזלא – a man, who has mazal (i.e., intelligence), it writes “goring,” because more forceful intent would be required to harm him, as opposed to an animal. This teaches: דמועד לאדם הוי מועד לבהמה – [an animal] which is mu’ad (warned) as prone to harm people is automatically a mu’ad to harm animals, but a mu’ad for animals is not automatically a mu’ad for people. Although biting is done with teeth, it is not categorized as “שן,” which has הנאה להזיקה – physical benefit obtained by the animal through its damage. Although squatting and kicking are done with feet, they are not categorized as “רגל,” because רגל הזיקה מצוי – regel’s damage is common.
