Bava Kamma 11 - November 13, 29 Cheshvan - a podcast by Michelle Cohen Farber
from 2023-11-13T06:21:16
This week's learning is sponsored by Jason and Danielle Friedman in honor of Oliver Friedman's upcoming bar mitzva.
Even without the verse "and the body will be his," it would have been clear that the one whose animal was killed is left with the carcass of the animal and the one who damaged only pays the difference. If so, the verse must be teaching that if the carcass of the animal went down in value over time after the animal was killed, the one who damaged does not need to compensate for that, but pays according to the price at the time of the death. The Gemara suggests that whether the depreciation is a loss for the one damaged or the one who caused the damage is a tannaitic debate. However, this suggestion is rejected as the debate may be regarding which side is responsible for bringing the carcass to court to assess its value. According to this understanding, all agree that the one who was damaged takes a loss if the carcass depreciates. This is true for damages but if one steals, the loss is on the thief. What about a borrower whose object she is borrowing breaks? Some compare it to one who stole and others to one who damaged. Ulla quotes Rabbi Elezar on this issue - only a thief assumes the depreciation, not a borrower. Five other rulings of Ulla in the name of Rabbi Elazar are brought. One is regarding when a woman counts days of impurity when one miscarries over two days without seeing a clear fetus. The second is that one is not obligated to redeem one's firstborn son if the child was killed before thirty days passed from birth. The third is about acquiring large animals which is performed by pulling. The fourth - when brothers divide their father's inheritance, if they had previously purchased clothing from the estate's money, is that deducted from their share? One what does it depend on? The last regards a person watching another's item - if they pass it on to someone else to watch without consulting with the original owner, and the item is damaged, who is responsible?
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