Talking Talmud

A pit and its passersby - where one person covers a cistern, the next person does not...who's liable? And at what point is the owner's covering of the pit recent enough to make him exempt from paying damages? What happens if a pit is open because it is being expanded, and the noise of the construction startles an ox so it falls into it - the owner will be liable (or not), depending on which direction it falls in. If the animal falls on the vessels it is carrying, then the owner of the put is not liable for that damage. Plus, an ox that is a deaf-mute, cognitively impaired, or a minor... Also, if an ox breaks through a damaged cover to a pit... Is the owner of the pit liable, or was the ox just unexpectedly heavy? What if the cover works to protect an ox from falling through, but doesn't protect camels, is the owner negligent? Also, why are the camels in the Gemara here, but not the mishnah? Could the case cover all animals, or is that too much to expect?

A case of an ox that falls into a 6-tephachim deep irrigation ditch, which injured it, perhaps fatally. Plus, a new mishnah about a pit that has 2 owners - and their respective liabilities. Where the order of their actions makes a difference in terms of obligation to pay. And which ends up being a very specific case. Also, the discussion shifts to filling bottles with water that they both can draw and then the old discussion of "bereirah," designations that help define responsibility.

The dad shares a very well known story about Nechuyna who dug ours and how Rabbi Hanina Ben Dosa saves his daughter. A new Mishnah explains more halachot about the digging of pits. The Gemara then discussed a disagreement between Rav and Shmuel about what actually is the cause of death when a person or animal falls into a pit and the answer is surprising!

A new mishnah, this one more challenging, in that it deals with miscarriage (and women in general). A person hits a woman and she miscarries, he pays her husband accordingly. What happens when the damage is done by an ox? How is the value of the lost pregnancy evaluated? With difficult elements... Also, the Gemara in this mishnah - addressing the question of assessing the value of the fetus (or rather, the value of the woman who has miscarried). Probing the question of whether the woman's value increases or decreases because of the potential child... Including an unusual perspective of R. Shimon ben Gamliel, and as explained by Rava. Plus, another disturbing exposition by R. Sheshet regarding the husband getting payment in place of the wife or even their heirs - reducing the child of the lost pregnancy, beyond the technical need to assess worth for monetary compensation. Also, another mishnah, this time on "bor," pit.

The Daf discusses a statement by Rava that if an Ox crouches and causes damage the owner is exempt from paying damages. Kofer appears again on this Daf with a discussion of three interpretations of the Mishnah’s statement that if the ox falls into a pit and kills the homeowne’s father or son the owner of the ox pays kofer.

What happens if someone brings property into someone else's private domain, without permission, then the homeowner is exempt from paying for any damage to that property. With all expected ramifications... Permission to be there makes a difference, but what if the owner didn't watch his property well? Also, if one brought produce I to another's domain and the homeowner's animal was injured - by slipping on the produce or by eating it, there are many questions regarding liability - and who is responsible for making sure that the animal didn't do damage to the produce) (or that the produce didn't harm the animal).

Chapter 5, and its opening mishnah: If an ox (a "tam" ox) gores a cow, and the cow was pregnant and the calf is found outside of the cow, is that because of delivery or because of the goring? With real implications for paying damages. And vice versa, if a cow gored an ox and delivers a calf (or it was aborted because of the goring). Plus, turning to Somchos's view of disputed property being divided between the claimants vs. the majority view that the burden of proof is on the one claiming he's due. Also, reading the verses that teach this level of responsibility (not the legal verses, but narrative). Plus, the question of when the learning requires biblical verses to teach these details or is common sense sufficient.

2 mishnayot: one on the timing of the court's decision regarding an ox that has killed and might need to be out to death, and how that impacts the value of the carcass. Plus, the 4 guardians (shomerim), and how they undertake the role of the owner. Also, what must one do to guard a mu'ad ox, sufficiently? The only certainty is when the ox has been put to death. But with dispute, of course.

Mishnayot! If an ox goes to do one thing, including intending to kill another who is not the one who was killed, the ox is "exempt." Plus, when subsequent damage (or death) to something the ox is accustomed to doing... It's not really considered the ox's intent to damage/kill. Also, the verse that establishes how a person is held accountable for premeditation. Plus, a mishnah on the different categories of owners of a killing ox, and which owners (according to whom) are still fully liable.

When a slave or freeman is killed unintentionally the fine and Kofer imposed on the owner is not paid. The daf also discusses what happens when someone dies by fire unintentionally.