{"id":12623,"date":"2009-04-22T22:22:24","date_gmt":"2009-04-22T22:22:24","guid":{"rendered":"http:\/\/production.ou.org\/life\/other\/masechet_bava_kama_110a116b\/"},"modified":"2020-09-08T05:14:46","modified_gmt":"2020-09-08T10:14:46","slug":"masechet_bava_kama_110a116b","status":"publish","type":"post","link":"https:\/\/www.ou.org\/life\/torah\/masechet_bava_kama_110a116b\/","title":{"rendered":"Masechet Bava Kamma 110a-116b"},"content":{"rendered":"<p><em>The Coming Week&#8217;s Daf Yomi by Rabbi Adin Steinsaltz<\/em><\/p>\n<p><em>This essay is based upon the insights and chidushim (original ideas) of Talmudic scholar Rabbi Adin Steinsaltz, as published in the Hebrew version of the Steinsaltz Edition of the Talmud.<\/em><\/p>\n<p><strong><u>Bava Kamma 110a-b<\/u><\/strong><\/p>\n<p>Every Jewish person is assumed to have relatives, even if they are distant relatives. Thus, if someone steals from his fellow and then chooses to return the theft, even if the victim has died he can return it to one of the people who inherits the victim. One exception is a convert, who may have no relatives. Our <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#mishna\">Mishnah<\/a> refers to the case of <em>gezel ha-ger<\/em> &#8211; of someone who stole from a convert. Should the convert die, the thief must bring a sacrifice and return the money (plus a penalty) to the <em><a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#kohen\">kohanim<\/a><\/em> in the <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#beithamikdash\">Temple<\/a>.<\/p>\n<p><a href=\"http:\/\/www.jewishencyclopedia.com\/articles\/12469-raba-b-joseph-b-hama\">Rava<\/a> asks whether this money is considered to be an inheritance (<em>yerusha<\/em>) or a gift (<em>matanah<\/em>). If it is the former, then it can be given to the <em>kohanim<\/em> even if it has no value (e.g. if it was <em>chametz she-avar alav ha-Pesach<\/em> &#8211; leaven that was in the possession of a Jewish person over Passover, which cannot be used after the holiday), while if it a gift given by the <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/torah\/\">Torah<\/a> to the <em>kohanim<\/em>, it will have to be something of value.<\/p>\n<p>To respond to this question, our <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#gemara\">Gemara<\/a> brings a <em><a href=\"http:\/\/www.jewishencyclopedia.com\/articles\/2481-baraita\">baraita<\/a><\/em> which teaches that twenty four <em>matnot kehunah<\/em> (priestly gifts) were given to Aaron the High Priest and his sons (i.e. to all <em>kohanim<\/em>) through a <em>kelal u&#8217;prat u&#8217;klal \u2013<\/em><\/p>\n<p>A general command (see <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#bamidbar\">Bamidbar<\/a> <a href=\"http:\/\/www.mechon-mamre.org\/p\/pt\/pt0418.htm#8\">18:8<\/a>)<\/p>\n<p>Followed by specific commands (see Bamidbar <a href=\"http:\/\/www.mechon-mamre.org\/p\/pt\/pt0418.htm#9\">18:9-18<\/a>)<\/p>\n<p>Followed by a general command (see Bamidbar <a href=\"http:\/\/www.mechon-mamre.org\/p\/pt\/pt0418.htm#19\">18:19<\/a>) \u2013<\/p>\n<p>Together with <em>brit melach<\/em> &#8211; a covenant of salt &#8211; which is mentioned in the continuation of the passage.<\/p>\n<p>According to the <em>baraita<\/em>, if someone fulfills these twenty four gifts, it is as though he keeps <em>kelal u&#8217;prat u&#8217;klal<\/em> and <em>brit melach<\/em> while if someone does not, it is as though he rejects <em>kelal u&#8217;prat u&#8217;klal<\/em> and <em>brit melach.<\/em><\/p>\n<p><a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/rashi\/\">Rashi<\/a> and other commentaries interpret this to mean that someone who keeps these is considered to be keeping all of the Torah &#8211; which is interpreted using this method &#8211; and to have brought all of the sacrifices which are brought on the altar with salt.<\/p>\n<p>The <em>baraita<\/em> enumerates the 24 gifts as follows:<\/p>\n<ul>\n<li>Ten in the Temple (i.e. they can be eaten only in the <em>bet ha-mikdash<\/em>)<\/li>\n<li>Four in Jerusalem<\/li>\n<li>Ten throughout the land, the last of which is <em>gezel ha-ger<\/em><\/li>\n<\/ul>\n<p>In any case, the fact that the <em>baraita<\/em> refers to <em>gezel ha-ger<\/em> as one of the <em>matnot kehunah<\/em> is understood to indicate that it is a <em>matanah<\/em> and must have value.<\/p>\n<hr \/>\n<p><strong><u>Bava Kamma 111a-b<\/u><\/strong><\/p>\n<p>The tenth <em>perek<\/em> of <em><a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#masechet\">Masechet<\/a> Bava Kamma<\/em> begins on our <em>daf<\/em>. Entitled <em>ha-gozel u-ma&#8217;achil<\/em> (&#8220;he who steals and feeds&#8221;) it deals with a wide range of subjects, but focuses on what is considered to be <em>gezel<\/em> (stealing) &#8211; when it must be returned and when it need not be returned.<\/p>\n<p>The first <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#mishna\">Mishnah<\/a> in the <em>perek<\/em> teaches that when a man steals and feeds his children with his ill-gotten gains, his children will not be obligated to return the theft.<\/p>\n<p>The <a href=\"http:\/\/www.jewishencyclopedia.com\/articles\/859-adret-solomon-ben-abraham\">Rashba<\/a> points out that even in situations where the children made an honest mistake and believed that an animal that they received from their father belongs to them, if it turns out that it really was borrowed, they will have to pay for it if it no longer exists. Why should a case of theft be any less strict? He explains that in the case of the borrowed animal, the children were obligated to return the animal, while in the case of theft their father may have taken possession of it by making some change in the animal, so by the time they received it, they had no obligation to return it &#8211; after all, they are not the thieves.<\/p>\n<p>One case in the Mishnah where the children will be obligated to return the money to its owner is in the event that the object that was stolen has on it <em>achrayut<\/em> &#8211; &#8220;responsibility&#8221; \u2013 they will have to pay. The simplest explanation for <em>achrayut<\/em> is that it is real estate, which remains in its original state and must be returned. Nevertheless, the <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#gemara\">Gemara<\/a> offers other cases where there will also be an obligation on the children who inherit their father to return monies that he stole. <a href=\"http:\/\/www.jewishencyclopedia.com\/articles\/8963-judah-i\">Rabbi Yehuda HaNasi<\/a>, for example, taught his son, Rabbi Shimon that the intention of the Mishnah is to obligate the children to return the stolen object anytime it was clearly stolen &#8211; e.g. an ox that was used for plowing or a donkey that was used as a pack animal &#8211; in order to honor their father and clear his name.<\/p>\n<p>As far as the <em><a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#halachah\">halacha<\/a><\/em> is concerned, the <a href=\"http:\/\/www.jewishencyclopedia.com\/articles\/11124-moses-ben-maimon\">Rambam<\/a> rules (<em>Mishna, Hilkhot Gezeila<\/em> 5:6) that following the <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#gaon\">Gaonic<\/a> enactments that required children who inherit their father to pay off all his debts, it is clear that they will be obligated to return what he stole, as well.<\/p>\n<hr \/>\n<p><strong><u>Bava Kamma 112a-b<\/u><\/strong><\/p>\n<p>While discussing the level of responsibility that children have regarding returning an object that their father stole, the <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#gemara\">Gemara<\/a> turns its attention to other responsibilities that children may inherit from their father regarding things that belong to others. <a href=\"http:\/\/www.jewishencyclopedia.com\/articles\/12469-raba-b-joseph-b-hama\">Rava<\/a> teaches that if the father passes away and he has in his possession an animal that he has borrowed, the children can continue to use the animal for the duration of the agreed upon period. If the animal dies, they are not obligated to repay the owner, even though as a <em>sho&#8217;el<\/em> &#8211; a borrower &#8211; their father would have been responsible for any accidents that took place.<\/p>\n<p>The <a href=\"http:\/\/www.jewishencyclopedia.com\/articles\/420-abraham-ben-david-of-posquieres\">Ra&#8217;avad<\/a> explains that the children can continue to use the animal, since they inherit all of their father&#8217;s rights, including the right to use this borrowed animal. Thus the owner of the animal cannot take it back before the agreed upon date. Nevertheless, since they did not agree to the terms of the <em>she&#8217;elah<\/em>, they did not accept upon themselves any obligation regarding accidents. At the same time, the Ra&#8217;avad and <a href=\"http:\/\/www.jewishencyclopedia.com\/articles\/859-adret-solomon-ben-abraham\">Rashba<\/a> agree that the children will be responsible if the animal was lost or stolen, since they must have the status of a <em>shomer sachar<\/em> &#8211; someone who is paid to guard an object &#8211; since they are getting &#8220;payment&#8221; inasmuch as they are using the animal.<\/p>\n<p>Some <em><a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#rishon\">rishonim<\/a><\/em> suggest that Rava&#8217;s ruling applies only if the children did not actually use the animal; once they do make use of the animal all of the rules of <em>sho&#8217;el<\/em> will apply to them since they have implicitly agreed to be borrowers. The Ra&#8217;avad disagrees since he believes that the responsibilities of a <em>sho&#8217;el<\/em> only come into play if the borrower agrees to them, and not merely as a consequence of his use of the borrowed animal.<\/p>\n<hr \/>\n<p><strong><u>Bava Kamma 113a-b<\/u><\/strong><\/p>\n<p>Our <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#mishna\">Mishnah<\/a> teaches that a person cannot exchange money with tax collectors, implying that we must work with the assumption that the money they have is stolen.<br \/>\nWith regard to this ruling, our <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#gemara\">Gemara<\/a> points to Shmuel\u2019s ruling that <em>dina d&#8217;malchuta dina <\/em>\u2013 that we must follow the rules of the government \u2013 and questions how the Mishnah can assume that a person who works as a tax collector is likely involved in criminal activities.<\/p>\n<p>Two answers are suggested by the Gemara \u2013<\/p>\n<p>Shmuel is quoted by Rav Chinina in the name of Rav Kahane that this is only true in the case of a tax collector who does not follow the rule of law, but takes as much as he sees fit.<br \/>\nRabbi Yannai suggests that our Mishnah is talking about a self-appointed tax collector, who is not operating with government approval.<\/p>\n<p>The situation of a <em>moches<\/em> \u2013 a tax collector \u2013 was different in Talmudic times than it is today. In those days (and in some places this was true until fairly recently) the right to collect taxes was leased by the government to individuals who would then collect taxes in the name of the government. The individual who purchased this right from the government would then assign others to collect the taxes and pay him a percentage of the receipts. There was a lot of room for cheating and dishonesty given the situation that tax collection was a business, and the more that was collected, the more profit was made. Thus, the <em>moches<\/em> could choose to forgive the debts of his friends and relatives entirely, choosing to collect more than was appropriate from those people with whom he did not have a relationship. It is for this reason that the Talmud often presents the <em>moches<\/em> as equivalent to a robber.<\/p>\n<hr \/>\n<p><strong><u>Bava Kamma 114a-b<\/u><\/strong><\/p>\n<p>As we learned on yesterday&#8217;s <em>daf<\/em>, the situation of a <em>moches<\/em> \u2013 a tax collector \u2013 was different in Talmudic times than it is today. Tax collectors were individuals who purchased the right to collect taxes from the government and then could choose to collect different amounts from different people &#8211; a system that created anomalies and caused the Rabbinic Sages to consider a <em>moches<\/em> a dishonest person.<\/p>\n<p>The <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#mishna\">Mishnah<\/a> on our <em>daf<\/em> teaches that if a person had his donkey or his cloak taken by a <em>moches<\/em>, but then received a different one from the <em>moches<\/em> in its stead, he can keep it, since we can assume that the original owner despaired of ever getting it back (referred to as <em>yei\u2019ush<\/em> &#8211; despair).<\/p>\n<p>The <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#gemara\">Gemara<\/a> opens by quoting a <em><a href=\"http:\/\/www.jewishencyclopedia.com\/articles\/2481-baraita\">baraita<\/a><\/em> that teaches that when the person receives an object in exchange for his own from the <em>moches<\/em>, he should return it to the original owner. The explanation for this ruling would be that simple <em>yei\u2019ush<\/em> does not suffice to allow for transfer of ownership. An alternative reading of the <em>baraita<\/em> suggests that although the recipient can keep the object because of the owner&#8217;s <em>yei\u2019ush<\/em>, he would likely return it to the original owner, since a person does not want to keep property that does not really belong to him.<\/p>\n<p>According to <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/rashi\/\">Rashi<\/a>, the <em>baraita<\/em> (in either of its two presentations) stands in disagreement with the Mishnah, which did not see any need to return the object. The <a href=\"http:\/\/www.jewishencyclopedia.com\/articles\/420-abraham-ben-david-of-posquieres\">Ra&#8217;avad<\/a> disagrees, arguing that a <em>baraita<\/em> that is introduced with the term <em><a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#tanna\">tanna<\/a><\/em> immediately after a Mishnah invariably comes to explain the Mishnah, rather than argue with it. The Ra&#8217;avad explains that the <em>baraita<\/em> expects the recipient to return the object to its owner &#8211; but not for free. He can demand from the owner to pay him what he lost in his interaction with the <em>moches<\/em>.<\/p>\n<hr \/>\n<p><strong><u>Bava Kamma 115a-b<\/u><\/strong><\/p>\n<p>The <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#mishna\">Mishnah<\/a> on our <em>daf<\/em> tells a story of two people who were walking with their respective barrels, one full of valuable honey and the other filled with less valuable wine. When they realized that the barrel of honey was leaking, the man holding the barrel of wine poured it out so that he could save his friend&#8217;s more valuable honey. According to the Mishnah, the man who spilled out his wine will only receive appropriate wages for his assistance (he will not receive the value of the wine he spilled out) unless he clearly reaches an agreement with the owner of the honey that he will be paid for his loss.<\/p>\n<p>The <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#gemara\">Gemara<\/a> objects that since it was going to be lost, the honey should be seen as <em>hefker<\/em> (ownerless), similar to a case where a person transporting barrels of wine or oil, realizing that they had broken, cannot declare the wine and oil to be the <em>terumah<\/em> (tithes) on the grapes and olives that he has at home. In that case, he cannot do that because once the barrels were broken, the wine and oil no longer belong to him &#8211; they automatically become <em>hefker<\/em> since they are in the process of being destroyed. The Gemara answers that we must be dealing with a case where the barrels will not be entirely destroyed, and the contents will not go totally to waste.<\/p>\n<p>According to <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/rashi\/\">Rashi<\/a>, the Gemara&#8217;s suggestion is that the person who saved the honey can claim it for his own. The <a href=\"http:\/\/www.jewishencyclopedia.com\/articles\/1930-asher-ben-jehiel\">Rosh<\/a> explains that if the honey is <em>hefker<\/em> the person who saved it can tell his friend that if he will not pay for the lost wine then he will keep the honey for himself, since he is not really obligated to do so.<\/p>\n<p>The Gemara&#8217;s description of a case where the barrel may break but still retain its contents is <em>ekel bet ha-bad<\/em>. The <em>ekel<\/em> is the place where olives were placed in an <a href=\"http:\/\/www.bible-archaeology.info\/images\/agricu2.gif\">olive press<\/a>. \u00a0A heavy beam &#8211; the <em>korat bet ha-bad<\/em> &#8211; pressed down on the olives, whose oil would then pour from the hole in the <em>ekel<\/em>.<\/p>\n<hr \/>\n<p><strong><u>Bava Kamma 116a-b<\/u><\/strong><\/p>\n<p>According to the <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#mishna\">Mishnah<\/a> (115b), if a flood threatens to kill two animals and the owner of the one that is worth less money goes and saves the more valuable animal, he will only get paid for his efforts &#8211; he will not be reimbursed for the value of his animal. If, however, the owner of the more valuable animal agreed beforehand to pay him for his animal, then the owner will be obligated to fulfill the agreement.<\/p>\n<p>In our <a href=\"https:\/\/www.ou.org\/judaism-101\/glossary\/#gemara\">Gemara<\/a>, Rav Kahane asked <a href=\"http:\/\/www.jewishencyclopedia.com\/articles\/127-abba-arika\">Rav<\/a> whether the owner of the more valuable animal will be obligated to fulfill such an agreement in the event that the less valuable animal did not drown, but managed on its own to climb out of the river on the other side. Rav replied that he received a gift from heaven &#8211; i.e. that the owner of the less valuable animal will receive payment in any case.<\/p>\n<p>To support this ruling, the Gemara tells the story of Rav Safra who was traveling through the desert with a caravan. When they saw that a lion was tracking the group, everyone took turns leaving a donkey out at night for the lion to eat. On the night that it was Rav Safra&#8217;s turn to leave a donkey, the lion did not eat it and Rav Safra took it back for himself.<\/p>\n<p>Although lions ordinarily attack wild animals, on occasion they follow a caravan traveling through the desert (e.g. between Syria and Babylon). The lion (or lions) would then attack the caravan at night, aiming at the pack animals &#8211; ordinarily donkeys. In order to avoid such attacks and possible injury or death to the people in the caravan, it was common practice to leave a less valuable animal in a place where the lion could get to it easily, thus protecting the people and the more valuable animals. After eating a large animal like a donkey, the satiated lion would not attack until it was hungry, so it is possible that a night might go by with no attack whatsoever.<\/p>\n<hr \/>\n<p><em>In addition to his monumental translation and commentary on the Talmud, Rabbi Steinsaltz has authored dozens of books and hundreds of articles on a variety of topics, both Jewish and secular. For more information about Rabbi Steinsaltz&#8217;s groundbreaking work in Jewish education, visit <a href=\"https:\/\/steinsaltz.org\/\">www.steinsaltz.org<\/a> or contact the Aleph Society at 212-840-1166.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Coming Week&#8217;s Daf Yomi by Rabbi Adin Steinsaltz This essay is based upon the insights and chidushim (original ideas) of Talmudic scholar Rabbi Adin Steinsaltz, as published in the Hebrew version of the Steinsaltz Edition of the Talmud. Bava Kamma 110a-b Every Jewish person is assumed to have relatives, even if they are distant<\/p>\n","protected":false},"author":125,"featured_media":44700,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[83],"tags":[],"class_list":["post-12623","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-torah","series-steinsaltz-daf-yomi"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v24.9 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Masechet Bava Kamma 110a-116b - OU Life<\/title>\n<meta name=\"description\" content=\"The Coming Week&#039;s Daf Yomi (Bava Kamma 110a-116b) by Rabbi Adin Steinsaltz based upon insights &amp; chidushim published in the Steinsaltz Edition of the Talmud\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.ou.org\/life\/torah\/masechet_bava_kama_110a116b\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Masechet Bava Kamma 110a-116b - 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