Bava Kamma 029

8:
We now come to the opinion of Rabbi Shim'on (which is accepted halakhah). In order to explain the situation he offers a scenario. To make his scenario easier to understand we will supply (fictitious) names to the actors.

9:
David has a docile ox worth 200 dinars. Sam also has an ox worth 200 dinars. David's ox attacks Sam's ox and gores it to death. Sam's ox is now worthless: not even the carcass is worth much at all. David must pay Sam 100 dinars, which is half the value of the ox. In order to make the payment he must sell his ox (for 200 dinars), because when an animal has the status of 'docile' it pays half-damages 'out of its own body.' When David makes the payment he will be left with 100 dinars in hand.

10:
However, before he can do so his ox gores Sara's ox, which is also worth 200 dinars. Sara, being the last one to suffer damages, gets 100 dinars. David is now left with 100 dinars in hand; Sam gets 50 dinars – half the value of the ox now that he has paid 100 to Sara. David's ox now gores Joel's ox, which is also worth 200 dinars. Joel, the last in line, gets 100 dinars, Sara gets 50, and Sam now gets only 25 dinars. This scenario plays out until there is no money left from which to pay.

11:
Just in order to clarify the terminology used in our mishnah: one talent is worth 100 dinars. These are silver dinars. One golden dinar is worth 25 silver dinars.

Several people have written to me concerning the shiur which dealt with the first part of our present mishnah, the part that deals with the opinion of Rabbi Me'ir. All have the same question in different words. Here is the question as posed by Ronen Lautman:

The scenario that you offered sound very specific. Let's assume a different scenario, one in which Sam does not succeed in catching David's ox after Sam's ox has been injured and David's ox continues and injures Sara's ox. Shim'on is not held to be a 'paid bailee'. Does David have to pay damages to Sam or to Sara first?

I respond:

There is here a fundamental misunderstanding of the situation. The sages recognized that our mishnah is truly problematic and they are trying to find some kind of situation which would justify the ruling of the mishnah. We call this kind of process ukimta. An ukimta is a scenario which might fit the conditions described in the mishnah. It follows that it was not I who created this scenario but the sages themselves.

In order for David to have to pay anything at all from 'the body' of his ox we must assume that it enjoys the status of 'docile'. It is, to put it mildly, highly unlikely that such an ox would be able to go on a rampage without being apprehended. But our mishnah says that it does so. Furthermore, it retains throughout the status of 'docile'. How can it be possible that an ox that has already killed two or three other oxen is unapprehended and still enjoys the status of 'docile'?

The scenario presented by the Gemara is an ukimta which tries to justify the mishnah as interpreted by Rabbi Me'ir. In order for Sam to have to forgo some of his damages he would have to be a joint owner of the offending ox. The only way he could possibly get such a status is by being a 'paid bailee'.

After all this let me respond to Ronen's scenario. Of course, it does not fit the conditions mentioned in our mishnah and therefore it cannot be a successful ukimta. This is because if Sam is not a 'paid bailee' he and Sara are just ordinary creditors, and the first to suffer damages is the first to be recompensed.

The way Rabbi Shim'on understands our mishnah (see today's shiur) is much easier to credit.

Allow me to inject here a personal note. Ronen has been following our studies now for several years – and those with a quick eye for detail will recall that on several occasions he has asked most pertinent questions. A very short while ago young Ronen made Aliya, returning to the country of his birth, and in a week or so will be inducted into the Israel Defence Forces. I think I can speak for all participants here if I wish him an easy time in basic training and what comes later. Mazzal Tov, Ronen!

I must apologize for the comparatively long gap between the shiurim lately. At the moment, my health does not permit me to sit for a long time at the computer. Hopefully, the situation will gradually improve. In the meantime, please be patient.