Bava Kamma - Daf 15
- Source that women are included in the laws of damages, etc.
The Mishnah taught that women are included in the laws of damages, and the Gemara asks for the source. Rav, as well as Rebbe Yishmael’s academy, quoted a passuk discussing swearing falsely about stealing: "איש או אשה כי יעשו מכל חטאת האדם" – A man or woman, who shall commit any of the sins of people, השוה הכתוב אשה לאיש לכל עונשים שבתורה – the passuk thereby equated a woman to a man regarding all punishments of the Torah. If they are subject to the punishments (of malkos) for violations, they must be bound by the commandments themselves. Regarding monetary laws, the passuk says: "אשר תשים לפניהם" – that you shall place before “them,” teaching that the Torah equated women to men השוה הכתוב אשה לאיש לכל דינים שבתורה – the passuk thereby equated a woman to a man for all monetary laws. Finally, the passuk says regarding an animal who kills a person: "והמית איש או אשה" – and it shall kill a man or a woman, teaching that the Torah equates them לכל מיתות שבתורה – for all killings in the Torah, i.e., regarding liability for their murder. The Gemara explains the need for these three derashos.
- Machlokes if פלגא נזקא ממונא או קנסא
The Gemara presents a machlokes about פלגא נזקא – the half damages payment for when a tam animal damages. Rav Pappa says: ממונא – it is a monetary payment of liability, and Rav Huna brei d’Rav Yehoshua says: קנסא – it is a penalty. A practical difference is where one admits that his animal damaged with keren because one does not pay a kenas based on his admission. Rav Pappa holds: סתם שוורים לאו בחזקת שימור קיימן – ordinary oxen are not presumed guarded with respect to keren (i.e., it is relatively common for them to gore, etc.), and by rights he should pay in full, ורחמנא הוא דחס עליה דאכתי לא אייעד תוריה – but Hashem took pity on him, because his ox did not yet become a mu’ad, and reduced the payment by half. Rav Huna brie d’Rav Yehoshua holds that ordinary oxen are presumed guarded, and by rights the owner should pay nothing (because the damage was unexpected), ורחמנא הוא דקנסיה כי היכי דלנטריה לתוריה – but Hashem penalized him to pay half the damage, so that he should guard his ox even from this unexpected damage. The Gemara will conclude that the halachah is that חצי נזק is a kenas.
- Unusual damages in Bavel – court dates are set in Eretz Yisroel
The Gemara says that since the halachah is that חצי נזק is a kenas, if a dog killed and ate a sheep, or a cat killed and ate large chickens, משונה הוא ולא מגבינן בבבל – it is unusual damage, and we do not collect in in Bavel. Collection of any kenas requires judges with semichah, which is only given in Eretz Yisroel. Still, if the victim seized property of the damaging party, we do not take it away from him. Also, if the victim requested a court date in Eretz Yisroel to make his claim before judges with semichah, we set a date for him, and if the damaging party does not go, משמתינן ליה – we place a ban upon him (forbidding people from going within four amos of him or eating and drinking with him). Regardless of whether the victim requests a court date in Eretz Yisroel or not, we place a ban upon the damaging party until he destroys the damaging animal, because Rebbe Nassan darshened a passuk to teach שלא יגדל אדם כלב רע בתוך ביתו – that a person may not raise a vicious dog in his house.
