Jul 182016

Study Guide Bava Kamma 48

Rav’s opinion is that if one puts fruits in another’s property without permission, one is not responsible if an animal eats it and gets sick/dies from it.  His opinion is questioned by various tanaitic sources that seem to indicate otherwise.  Each one is answered up to fit in with Rav.  If one brings in an animal or item with permission and the owner therefore accepts responsibility, is he also responsible in a case where the item/animal gets damaged by someone else’s animal that was trespassing?  Rava brings 2 other laws about related cases where the animal case turns into a bor (pit) case.  And one more case where a person comes into one’s property without permission.  If the owner attacks him, is he responsible for damages or not?  The next case in the mishna is analyzed – when the animal falls into a pit in the owner’s property and contaminated the water or kills a person inside the pit.  Exactly in what scenario is the water case – when he contaminates on the way down or after having fallen there?  In the case of killing, he pays ransom – is it because it is a shur muad?  Or maybe a shor tam according to the opinion that you pay half the ransom or according to the opinion that goring in the owner’s property pays full damages and would thereby pay full ransom upon death.

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