Bava Kamma 28 - November 30, 17 Kislev

Study Guide Bava Kamma 28 Today's daf is sponsored by Cheryl Goldschmidt in loving memory of her father, Edward Tager, Yitzchak Isaac Simcha ben Yechiel Mechel, on his 10th yahrtzeit.  Today's daf is sponsored by Ron and Shira Krebs in loving memory of Shira's father, Gershon Pinya Ben Yitzchak Leib haKohen v'Menucha Sara on his 2nd yahrzeit. Can one take the law into one's own hands? Under what circumstances? Rav Yehuda and Rav Nachman both agree that if there will be a financial loss from waiting to go to court, then one is allowed to, but if not, they disagree. Rav Yehuda does not allow it, Rav Nachman does. Several sources are brought in an attempt to determine which answer is correct, but each source is inconclusive. If one dropped one's pitcher in the public thoroughfare and it broke and someone slipped and got injured, is the person responsible for damage caused to vessels? For damage caused to a person? Does it matter if the damage was from the ground or from the shards or water itself that slipped out of the pitcher? Rav limits liability to a case where vessels/clothes were damaged as if a person was injured, it was from the ground, not the water. However, Shmuel views the water as bor-type damages which are exempt from damaging vessels. Rav views the water as shor-type damages, as the water belongs to the owner, and distinguishes between a case where the owner made the water ownerless (would be exempt) or did not (liable). A braita is brought which raises a difficulty with both Rav and Shmuel's position but is resolved. In the case of the water spill, Rabbi Yehuda disagrees with Rabbi Meir (the unnamed tana in the Mishna) and says one is liable only if there was intent. Raba explains the intent - intent to lower the jug down and then it fell and broke. Rabbi Meir who disagrees would then hold, that even if it just broke without any action on the part of the one holding it, one would be liable. How can this be true if the Torah exempted one when the circumstances are completely out of one's control (oness).