Jul 202016

Study Guide Bava Kamma 50

A few cases are brought in which a convert dies and questions are asked regarding his property – a document saying property is liened to him or a collateral in his possession or a collateral of his in the lender’s possession.  Is the person whose possession it is in (or the one who the collateral belonged to) immediately gain ownership over the object or is it up for grabs?  Rabbi Akiva and Rabbi Yishmael debate what the classic case of bor is – in public property or in private property that was made public but he retains ownership of the bor?  Raba and Rav Yosef each think that they agree in one domain and disagree about the other.  Rav Yosef’s opinion is questions by a few braitot but they are answered up.  A story is brought about a reservoir digger whose daughter fell into a pit and was saved.  A theological statement is made about why she never would have died in that way because of her father’s actions.  However a counter argument is brought by showing that his son died from thirst even though he dug the reservoirs so people would have water to drink on the way to Jerusalem for the holidays.    Another interesting statement is made regarding that even though we think that our own private property is our and public property is not, public property will always belong to us as it is for our use whereas private property may be sold.  Rav and Shmuel argue about whether one is responsible for bor because of the airspace of the bor or because of the impact of the hit on the floor of the bor.

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