Talking Talmud

Talking Talmud

By Yardaena Osband & Anne GordonReligion & SpiritualityJudaism
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Talking Talmud episodes

  • Bava Kamma 32: Damages and Unexpected Parallels
    3 new mishnayot: the first, about the damage of a person with a barrel and the other with a beam, who collide in the public domain. If the beam damages the barrel, when, if ever, does the beams owner have to pay damages? Which leads the Gemara to draw a parallel to a husband who injures his wife in sexual intercourse. And the next mishnah: When rushing in the public domain, when one is held liable for damages, and one is credited for greeting the Shabbat Queen. And lastly, entering another's domain, and causing damage - what happens when manslaughter is the result? Note the cities of refuge that appear a few times on this daf.
    23 min
  • Bava Kamma 30: Everyone Has a Portion in the Land of Israel
    2 mishnayot! The first one addresses damage caused by something put in the public domain - specifically, one who hides something damaging or makes a fence out of something damaging (like with thorns), when others are damaged, the owner needs to pay full damages. The Gemara narrows the application of the mishnah's more general case quite a lot - how can water do damage on the ground in the public domain? The second mishnah addresses the carting of fertilizer that benefits from the trampling of pedestrians to the public domain. And the concept that the first one to claim an ownerless item becomes the owner. Plus, another mention of Chanukah candles and the liability of a shopkeeper for damage caused by them, depending on their placement.
    13 min
  • Bava Kamma 28: Don't Take the Law into Your Own Hands
    [Who's Who: Ben Bag Bag] The Gemara brings a lot of cases to argue that one cannot take the law into his or her own hands - even when it comes to making a new path in the public domain. Plus, the donation, so to speak, of one's property to expand the public use, it remains with the public domain - he can't take it back. Also, a new mishnah: a jug that breaks in the public domain, which leaves damaging elements - the liquid or the shards of pottery.
    19 min
  • Bava Kamma 27: Left Objects
    The seocnd perek closes with a series of outlandish accidents that try to help define the parameters of liability. The third perek begins with a Mishnah discussing what happens if someone leaves an object in a reshut harabim.
    18 min
  • Bava Kamma 25: Sufficient Logic
    First, a long mishnah - paying damages for the ox that damages. Depending on where the damage took place. But what impact does the location have, once you're paying full damages? The public domain is less strict for common damages, and more strict for "keren," the less expected damage. But there are limits - where the derived law is the same as the sourced law. Plus the application of the logical tool of "da-yo" - the fundamental position that the logic of a kal va-chomer can only be applied as far as it can (with whatever dispute), and not to apply to logic without limitation. On this daf, the logic is explored in the context of ritual impurity.
    21 min
  • Bava Kamma 24: When an Animal You Don't Own Is Your Weapon
    More on how an ox shifts from being "tam" to "mu'ad" - is the ox or the person whose somewhat negligence has given it room to gore? Also, the case of a person who uses a second party's dog to cause harm to a third party - who's responsible from a financial perspective? The Gemara attempts to resolve the dog case with the ox case.
    20 min
  • Bava Kamma 11: Ulla x 7
    Are there categories of damagers who the course does help with the valuation of the damages? Where category is the borrower in? The daf also includes sevens teachings of Ulla in the name of Rabbi Elazar
    18 min

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