Study Bava Kamma folio 26B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
With regard to the halakha that one must pay the full cost of the damage in a case where there was no intent to cause damage, the Talmud asks: From where are these matters derived? Ḥizkiyya says, and similarly, the school of Ḥizkiyya taught: The verse states: “Wound for wound [petza taḥat patza]” (E
The Talmud asks: But this verse is necessary in order to indicate that one must pay compensation for pain, even in a case where he pays compensation for damage caused by the injury. Consequently, it seems that that verse cannot also be the source of the principle derived by the school of Ḥizkiyya.
§ Rabba says: If there was a stone lying in one’s lap and he was unaware of it, and he arose and it fell and caused damage, with regard to damages he is liable to pay the full cost of the damage caused by the stone. With regard to the 4 types of indemnity, he is exempt. With regard to Shabbat, if
With regard to a Canaanite slave whose tooth was destroyed or eye was blinded by the stone, potentially enabling the slave to earn his freedom (see Exodus 21:26–27), this is the subject of a dispute between Rabban Shimon ben Gamliel and the Rabbis, as it is taught in a baraita (Tosefta 9:25): If the
By contrast, Rabban Shimon ben Gamliel says: The slave is not emancipated in these cases because the verse states: “And destroy it” (Exodus 21:26), from which it is derived that the slave is emancipated only in a case where the master intends to destroy the eye or the tooth, but not if he intended