Talking Talmud

Talking Talmud

By Yardaena Osband & Anne GordonReligion & SpiritualityJudaism
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Talking Talmud episodes

  • Bava Kamma 42: A Prospective Asset
    The daf brings a disagreement between Rav Asi and Rabbi Akiva on paid damages for a killed Eved Caanani. The Gemara quotes a barita discussing how a lifer payment on a woman killed by an ox goes to her heirs and not her husband and why.
    21 min
  • Bava Kamma 41: The Killer Ox
    The Daf begins with a Mishnah that states an Ox that kills a person is stoned and other relevant halakhot. The Gemara shares a careful reading of a verse in Exodus about whether any benefit may be derived from a killer ox.
    18 min
  • Bava Kamma 40: Atoning for a Goring Ox
    Establishing "kofer," the payment paid by the owner of a mu'ad ox that killed a person - as a measure of atonement. Or is it just part of damages? That's a machloket, or a machloket whether it's a machloket! Plus, the question of the stadium ox - what is the degree of its innocence? Can it be offered on the altar as a sacrifice?
    20 min
  • Bava Kamma 39: Stadium Oxen
    A new mishnah: How does the status of the owner have impact on the obligation to pay damages in the event of one's ox goring another? Specifically, one who is considered halakhically responsible, as compared to "heresh, shoteh, ve-katan," the deaf-mute, someone who is cognitively impaired, or a minor. In the event of an ox trained to fight (as in bull-fighting), an ox that kills a person isn't put to death. Also, the handling of the above kinds of cases with an apotropos - an agent appointed by the court to be the responsibility for the 3 who aren't held liable for damages. Who does the shift in a person's status have impact on the animal's status (being mu'ad, and reverting to tam, for example).
    20 min
  • Bava Kamma 38: Fulfilling Your Role on Earth
    Some aggadata... Addressing the verse that teaches the Jew vs. non-Jew's goring ox and the obligation to pay. Which explains why a Canaanite's ox would incur full damages. Plus, a discussion of the obligation to keep commandments that they didn't want to keep - and the lack of reward for them. And the principle that those who are commanded get greater reward for fulfilling those commandments. Also, the death of a daughter of a sage who comes from a family of converts, and how Ulla first refuses to go to comfort him, and then does, with some difficult language, including why God didn't have the Israelites go to war with Moav, in the wilderness of the Book of Numbers.
    23 min
  • Bava Kamma 37: Selective Goring
    How the ox becomes mu'ad, and how am ox can be expected to gore some, but not others (including with regard to other species). Also, how frequently, and in what pattern, does an ox need to gore to be mu'ad? What about monthly goring, or plus a day? Also, a new mishnah about who owns the animals - Jews, the Temple, and non-Jews.
    27 min
  • Bava Kamma 35: The Burden of Proof
    Cases of damage by the animal vs a person - where the question of who is liable that can be less pleasing to the person who has suffered damage, and might not get paid back. Specifically, when does a person's intent make a difference with regard to paying damages (or getting paid for them)? Plus, a new mishnah: One ox chases another ox, which is subsequently damaged, and the owner blames the other ox, but that ox's owner claims the damage took place in some other way. Who wins? The one seeking payment has to prove his case. Another case: two oxen chasing two oxen, of different sizes. How to identify which damaged which? Which is tam vs mu'ad, etc.? The Gemara puts all of this in the context of Sumchos' view that any dispute is solved by dividing the property.
    20 min
  • Bava Kamma 34: How Much Is That Ox Worth?
    A discussion of the goring oxen, with monetary values attached - which raises the question of appreciation and depreciation, and how the changes in value may have impact on how the damages are evaluated. Plus, two mishnayot on the daf, the first of which introduces (as it were) the monetary values of oxen that gore each other - which an application of the biblical verse regarding these cases. Also, the valuation of an ox's carcass, as part of the payment. Plus, the case where the valuation of a "tam" ox could be more strict than a "mu'ad" ox, which is startling. Also, the second mishnah: how an owner is obligated for that which his property does, contrasting an ox with a slave.
    22 min
  • Bava Kamma 33: If Your Ox Gores My Ox...
    A new mishnah: Oxen that gore each other - who pays how much depends on which animal is how damaged, and then depends on the status of the oxen. Likewise if an ox gores a person, or a person an ox. Except that Rabbi Akiva disagrees, and the Gemara addresses why. Also, a second mishnah, on the question of the value of the carcass of the ox - and, again, Rabbi Akiva has a different view - this time, disputing Rabbi Yishmael.
    15 min

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