Bava Kamma - Daf 14
- חצר מיוחדת לפירות ולא לשוורים
On the previous Daf, Amoraim disagreed if shein and regel are exempt in a jointly owned chatzeir. Here, Rebbe Elazar is challenged from a Baraisa quoted by Rav Yosef, which explicitly obligates them. Rebbe Elazar responds that another Baraisa supports his view: חצר השותפין והבקעה – Regarding a chatzeir owned by partners, or an open area of fields, פטור בה על השן ועל הרגל – [a damager] is exempt from shein and regel there. The Gemara asks that the Baraisos contradict each other, and answers that this second Baraisa discusses a chatzeir designated for both people’s oxen and produce, so each is exempt from shein and regel, since he may bring his oxen there. Rav Yosef’s Baraisa is discussing a chatzeir which is מיוחדת לפירות ואינה מיוחדת לשוורים – designated for their produce, but not for their oxen. Since oxen are not permitted to be brought in, the damage is considered to take place in “another’s field,” and liable for shein and regel. The Gemara notes that it is possible that the Amoraim earlier did not argue at all, and each was discussing one of the two cases above, one of which is exempt from shein and regel, and the other is liable. If they do argue, they argue about a chatzeir which is not designated for oxen.
- שום כסף: assessing damage according to monetary loss
The next Mishnah lists several rules about payments of damages, and the Gemara will explain each one. The first is: שום כסף – Payment is based on monetary assessment. Rav Yehudah explains: שום זה לא יהא אלא בכסף – this assessment of damages should only be based on the amount of money lost. This Mishnah supports a Baraisa which teaches that if a cow damaged a garment, or a garment damaged a cow, אין אומרים תצא פרה בטלית – we do not say the cow should go to the garment’s owner (in the first case) as payment for the garment regardless of the amount of damage, וטלית בפרה – or the garment should go to the cow’s owner (in the second case) as payment for the cow. אלא שמין אותה בדמים – Rather, we assess [the damage] based on the monetary value lost, and he pays that amount.
- שוה כסף: the limitation to collect only land (from orphans)
The next phrase in the Mishnah is: שוה כסף – payment is made with [something] worth money. A Baraisa explains it means that payment is only from נכסים שיש להם אחריות, meaning land. Still, if the damaged party went first and seized מטלטלין – movable items, בית דין גובין לו מהן – Beis Din collects for him from them. Rav Ashi ultimately explains how the phrase "שוה כסף" in the Mishnah implies land specifically: שוה כסף ולא כסף – [something] worth money, but not money itself, והני כולהו כסף נינהו – and all these movable items are like money, because they can be transported anywhere and sold for cash.
The Gemara asks that this Mishnah appears to contradict the Baraisa on Daf 7a which darshened from "ישיב" – he shall return money, לרבות שוה כסף ואפילו סובין – to include anything worth money payment, even bran!? The Gemara answers that the Baraisa is discussing orphans of the responsible party, who only pay the father’s obligations from land they inherited, and not מטלטלין. Still, that Baraisa concluded that if the damaged party seized מטלטלין, his damages are collected from them, because the case is שתפס מחיים – where he seized them during the lifetime of the damager, when he was entitled to collect them.
