Jun 152016
 

Study Guide Bava Kamma 15

The gemara continues to explain the mishna – who can function as a beit din, who cannot testify, how we know that women are responsible for damages as men, in what way does the one whose property was damaged also have to “pay”?  In a case where an animal damages violently (keren) and is a shor tam (hasn’t done this yet 3 times), the owner needs to pay half damages.  there is a basic disagreement about the nature of the payment of half damages- is it a monetary obligation and we only make the owner pay half since it was unexpected or is the owner supposed to be entirely not responsible but in order to incentivize owners to watch their animals, the Torah instituted a fine that they pay half the damages?  There are attempts to bring sources to find the answer and in the end the gemara concludes that it is a fine/penalty.  Since by law, only in Israel can the courts rule on penalties, cases of shor tam cannot be ruled on in Babylonia.  However if the damages person were to seize payment from the damager, the courts leave it in his hands.

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