Bava Kamma 21 - November 23, 10 Kislev

Today's daf is sponsored by Diana Bloom in loving memory of her grandmother, Ita Rosa Sonabend Marmurek, on her yahrzeit. "Her strong character, fierce dedication to her family, unwavering Zionism and commitment to the Jewish community both in Buenos Aires and globally continue to serve as a role model and inspiration."  The rabbis continue to debate the issue of a squatter, one who lives on someone else's property without the owner's knowledge - is there an obligation to pay rent? Some explain that the squatter is helping the owner because living on the property prevents an evil spirit called shi'iya from possessing the house and helps prevent deterioration as the squatter will find issues and fix them up. A man built a palace on the garbage heap of orphans and Ran Nachman confiscated his palace until he paid rent to the orphans. On what basis did he rule this way? The Mishna differentiated between shen damages (eating) in the public domain and on the sides of the public domain. Rav and Shmuel debate what the law is if the animal is in the middle of the public thoroughfare but turns its head to the side and eats from the sides of the public domain. Others say that their debate was regarding a different situation - where one designated area in their private domain to be open and accessible to the public - is it treated as public property (exempt if the animal eats food) or private property (liable for eating)? Would they have the same debate regarding a pit dug in one's private domain that was then opened to the public? A dog or goat who jumps off the roof and breaks vessels is considered expected damage and the owner pays full damage. However, the owner would be exempt if the dog or goat fell off. This seems to imply that if one began with an act of negligence and ended with unexpected damage, one is exempt. The Gemara tries to explain how the Mishna could be explained according to the position that one who begins with an act of negligence, is responsible even if in the end the damage was from unexpected damage.