Bava Kamma 27B

Study Bava Kamma folio 27B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

the Mishnah teaches us that the court does not follow the majority with regard to monetary matters, and in cases of uncertainty the burden of proof rests upon the claimant.

§ The Mishnah teaches concerning the vessel placed in the public domain: If another person came and stumbled on it and broke it, he is exempt. The Talmud asks: Why is he exempt? Although this happened in the public domain, he should examine the road and then continue walking.

The rabbis of the school of Rav said in the name of Rav: The ruling of the Mishnah is taught with regard to one who placed not just one jug in the road, but rather filled the entire public domain with jugs, blocking the path. Since the public domain belongs to everyone, a pedestrian is entitled to

Rav Pappa said: The Mishnah is precise only according to either the explanation of Shmuel or that of R' Yoḥanan, but not that of Rav. As, if the Mishnah is explained in accordance with the explanation of Rav, what is the reason it refers specifically to a case where one stumbled on the jug? Even if

Rav Zevid said in the name of Rava in defense of Rav’s explanation: The same is true even if he broke the jug intentionally. And as for this fact, that the tanna of the Mishnah teaches a case where he stumbled, it is because he wants to teach in the last clause: And if he incurred damage due to the