Bava Kamma 58B

Study Bava Kamma folio 58B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

and taken care of it, and he bears responsibility for failing to do so. The dilemma shall stand unresolved.

§ The Mishnah teaches: How does the court appraise the value of the damage when the owner pays for what it damaged? The court appraises a large piece of land with an area required for sowing one se’a of seed [beit se’a] in that field, including the garden bed in which the damage took place, it appr

Rav Mattana says: As the verse states: “And it feed in another field [uvi’er bisde aḥer]” (Exodus 22:4). This teaches that the court appraises the damage relative to another field, i.e., relative to the damaged field as a whole and not an appraisal of only the specific garden bed that was damaged.

The Talmud asks: But this phrase: “Uvi’er bisde aḥer,” can be understood as meaning: “And it feed in another’s field,” and accordingly, is necessary to teach that the owner is not liable unless it was a field with an owner, to exclude damage caused by an animal in the public domain, for which the

The Talmud answers: If so, if this was the sole intention of the verse, let God write in the Torah: And it feed in a field belonging to another [uvi’er bisde ḥaveiro], or alternatively, let it write: And it consume another field [sedeh aḥer].” What is conveyed by the particular expression: “In ano