10 votes

Black? I ordered it dyed red!

I understand that this Halacha reflects the economic realities of the Mishna, where pretty much everyone was producing small handicraft and traded them. It could reasonably be assumed that you could ...
simyou's user avatar
  • 1,837
9 votes
Accepted

The case of the missing Maharsha (Sota 49, BK 82, M'nachos 64)

The Maharsha discusses the pig story in Chidushei Agadot at the end of Sotah, as advertised, but the comment is applied not to the portion of the Gemara on 49b where the story is told, but to the ...
Isaac Moses's user avatar
  • 48k
5 votes
Accepted

Why does רבי עקיבא say "50 אמה", and not "50 אמות?"

It's simply quite normal in Hebrew. The same thing happens biblically, see eg Genesis 6:15. The rule is outlined by Gesenius here. A similar, although not identical, phenomenon also exists in English: ...
Zarka's user avatar
  • 2,458
5 votes
Accepted

Bava Kamma 60: getting sick because you fear getting sick

The Ben Yehoyada is the one who mentions the Maharsha. He is referring to the Maharsha on that Gemara. The Maharsha is assuming the premise that obviously it is a good idea to leave/avoid the area of ...
HaLeiVi's user avatar
  • 4,993
5 votes

A matter of liability

Being that a money changer is expert he isn't liable for a mistake. The Gemara is clear that it is a situation where the money changer had no reason to think he may wrong.Therefore if he is, it is ...
Schmerel's user avatar
  • 5,140
4 votes
Accepted

Range of Five Payments

The Mishnah (Babba Kama 90a) gives examples of shaming people and the various fines owed for each offense. The Mishnah on 92a, then goes on to say: "..even though he paid the fine, he is not forgiven ...
David Kenner's user avatar
  • 10.7k
4 votes

Why is BK 1:2 in first person?

This question was raised by R. Menachem Azaria of Fano in Asarah Ma'amarot, Ma'amar Chikur Hadin 5:6 וכמה הוא מן המתמיהין התנא הזה לתלות בעצמו קללת אחרים How astounding it is that this tanna hung the ...
Alex's user avatar
  • 49.2k
3 votes

Can one be exempt from paying for a harm that turned out to be a gain?

It's not exactly the same as your question but Reb Chaim Soloveitchik's "2 stamp question" might offer some insight. If Reuven has 2 stamps or paintings each worth $1m and then Shimon ...
Shmeeeel's user avatar
  • 121
3 votes

Why is BK 1:2 in first person?

Kollel Iyun Hadaf suggested 2 interesting answers to this question: 1) "Kol ha'ReMeZ"-- a commentary on the Mishnah by Rav Moshe Zacuto (1625-1697)-- explains our Mishnah based on the Mishnah below ...
alicht's user avatar
  • 12.1k
3 votes

Injury and killing by a tam ox

Bava Kamma 33a says an ox that injured a human pays half its value in damage: תָּם בְּאָדָם מְשַׁלֵּם בַּמּוֹתָר חֲצִי נֶזֶק A tam (innocent ox the first 3 times) Ox that damages a human pays the ...
user15464's user avatar
  • 11.4k
3 votes

How can the Gemara entertain the possibility that mental health takes priority over a potential danger to life?

In discussing COVID-19, Rabbi Frand shared a Ben Yehoyada (Bava Kamma 60b) with us in Baltimore that fear stirred by an epidemic can be more deadly than the disease itself. Ben Yehoyada (Bava Kamma ...
NJM's user avatar
  • 14.2k
3 votes

Shark ate someone

Tosafot Shabbat 55a suggest that the rule forbidding working one’s animals on shabbat would apply to fish as well. They think that this could be derived from a gezeira shavah linking shabbat to the ...
Joel K's user avatar
  • 42.5k
3 votes

Daled v'Hei: Repeating a sin?

The Steinsaltz translates "מפני ששנה בחטא" differently: מפני ששנה בחטא, שלא רק שחטא בכך שגנב, אלא הוסיף חטא אחר על כך למוכרו. Not only did he sin in that he stole, rather he added an ...
alicht's user avatar
  • 12.1k
2 votes

What should I know about tractate Bava Kamma as this part of daf yomi approaches?

First you can learn most verses concerning BK in parashat Mishpatim, with Rashi. In a second step mishnayot with Bartenura. A second time parasha with Rashi and Mishnayot with Bartenura and Ykar ...
kouty's user avatar
  • 22.7k
2 votes

Why would I have thought that healing contradicts the will of Hashem?

Regarding the first issue, I think a key point that has to be noted is the precise wording used by Tosafos, particularly at the end. When discussing ailments that are directly God-inflicted, Tosafos ...
Alex's user avatar
  • 49.2k
2 votes
Accepted

When does the gemara learn two stuff from the same פסוק and when not?

In general, this will be addressed by the commentaries to the talmud. A very useful resource is the sefer Torah Temimah which deals with the Talmudic interpretations on a verse by verse basis. ...
N.T.'s user avatar
  • 8,516
1 vote

Can one be exempt from paying for a harm that turned out to be a gain?

In theory, we might be able to derive an answer from a different scenario. At the heart of the question here is if someone damages/steals but the owner in the end turns out to have gained, or at least ...
Chatzkel's user avatar
  • 11.2k
1 vote

How can the Gemara entertain the possibility that mental health takes priority over a potential danger to life?

Rashi explains that the person is scared about death from a Malach that would be more likely in the privacy of one's home than with people. Why? I'm not sure but the issue isn't putting oneself in ...
Schmerel's user avatar
  • 5,140
1 vote

Black? I ordered it dyed red!

This seems to my lowly intellect as totally unreasonable: I, the owner of the wool, now must find a buyer for black wool! Who knows when I ever will? The Mishna before this already discusses that if a ...
Schmerel's user avatar
  • 5,140
1 vote

Bava Kamma 24a: Why is Rabbi Yosei's Analysis sound?

I think that Rava accepted. Rava himself says RY nimuko ymo in Eruvin 14b אמר רבא האלהים אמרה וגמירנא לה מיניה ומאי טעמא קא הדר ביה משום דר' יוסי נימוקו So, he accredited this argument in BK ...
kouty's user avatar
  • 22.7k
1 vote

Bava Kamma 24a: Why is Rabbi Yosei's Analysis sound?

The Steinsaltz's commentary on that gemara is as follows: (bolded words are the gemara, unbolded is the Steinsaltz's explanation) אנא [אני] כר' יוסי סבירא לי [סבור אני] ואני פוסק לגמרי כפי שיטתו, שר' ...
alicht's user avatar
  • 12.1k
1 vote

Explain dispute about damaged rows on Bava Kamma 6b?

Lets say high quality patch (or row) was worth $50 and the same size lower quality patch is worth $25. Tosfos Bav Kama 6a explains that according to Rav Idi Bar Avin, the hava Amina (first assumption ...
user15464's user avatar
  • 11.4k
1 vote

Explanation of Gemara on why the Jews were only commanded to attack Midian and not Moav

Logically no. Naamah was from Amon so that she would have been born anyway. However, Rus would not have been born as she was descended from the royal house of Moav which would have been wiped out. If ...
sabbahillel's user avatar
  • 43.1k
1 vote

Can one be allowed to use a house for free because he is able to use that house for free?

He shouldn't have to pay. You have to first understand what the gemara means in that the sqautter is not receiving benefit. Of course he's receiving benefit! He's living in a house! He's not out in ...
Rafael's user avatar
  • 1,373
1 vote
Accepted

What is the sin of the pious man in Bava Kamma 80a?

The footnote, as @DoubleAA states, is related to the halachah outlined in the mishna on the preceding Daf. There it is established that keeping that goat would be a sin mi d'rabban, the discussion ...
RonP's user avatar
  • 1,936
1 vote

What is the sin of the pious man in Bava Kamma 80a?

The rabbis enacted that it is forbidden to raise small livestock in Israel. This man is upset that by virtue of his goat, he is violating this prohibition. Because it is pekuach nefesh, he is surely ...
Clint Eastwood's user avatar
1 vote

Range of Five Payments

(Note: The following is from my own Sevaras based on my current understanding I do not claim that this answer is valid. Take the following with a grain of salt.) Emotional pain different from Boshes ...
TrustMeI'mARabbi's user avatar

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