POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Kama 27
BAVA KAMA 27 (4 Elul) - dedicated l'Iluy Nishmas Chaim Yissachar (ben
Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in
law, Jeri & Eli Turkel of Raanana, Israel.
(a) (Rabah): Reuven threw a vessel off the roof; Shimon broke
it in mid-air with a stick - Shimon is exempt, for it was
already (standing to be) broken.
2) LIABILITY FOR BURNING
(b) (Rabah): Reuven threw Levi's vessel off the roof; there
were pillows on the ground.. Shimon removed the pillows,
or even if Reuven removed them, he is exempt.
(c) Question: Why is this?
(d) Answer: When he threw it, it was not standing to break -
therefore, he is not liable for throwing it. (Removing
the pillows is causation, which is exempt.)
(e) (Rabah): Reuven threw a baby off the roof; Shimon killed
him in mid-air with a sword - R. Yehudah ben Beseira and
Chachamim argue on this.
1. (Beraisa): 10 men hit Reuven, each with a different
stick, and he died - whether this was at the same
time or one after the other, they are exempt;
(f) If the baby landed on the horns of an ox and died - R.
Yishmael (son of R. Yochanan ben Brokah) and Chachamim
will argue whether the owner pays Kofer.
2. R. Yehudah ben Beseira says, if they hit him one
after the other, the last one is liable, for he made
him die sooner.
1. (Beraisa): "He will give redemption of his soul" -
the value of the victim (here, since the baby was
standing to die, he has no value, there is no
(g) (Rabah): A man fell off a roof (in a normal wind) and
landed on a woman. He pays 4 damages; if she was his
Yevamah (and he fell in the place of relations), he does
not acquire her.
2. R. Yishmael says, the value of the owner of the ox
(so he pays Kofer).
1. He pays Nezek, pain, medical expenses and temporary
unemployment, but not embarrassment.
(h) (Rabah): A man fell off a roof in an abnormal wind and
damaged. He pays Nezek, but not the 4 damages; in a
normal wind, he pays 4 damages, but is exempt for
i. (Mishnah): One only pays for embarrassment if
he intended to damage.
1. If he moved to land on the person to cushion his
fall, he is liable even for embarrassment.
2. (Beraisa): "She will stick out her hand" -
obviously, to grab! It also says "And grabbed" to
teach that intention to damage obligates payment for
embarrassment, even without intention to embarrass.
(a) (Rabah): Reuven put a coal on Shimon's heart; Shimon died
from it - Reuven is exempt (because Shimon should have
***** PEREK HA'MENI'ACH *****
1. If he put it on Shimon's clothing and they were
burned, Reuven is liable.
(b) Rava: Both of these are learned from Mishnayos.
1. (Mishnah): Reuven held Shimon in a fire or in water
so that Shimon could not escape - Reuven is liable;
(c) Question #1 (Rabah): Reuven put a coal on the heart of
Shimon's slave; the slave died - is this as putting the
coal on Shimon, or as on Shimon's money?
i. If he pushed him in, and Shimon could have
escaped - Reuven is exempt.
2. (Mishnah): Reuven told Shimon: 'Tear my garment,
break my jug', and Shimon did so - he is liable;
i. 'On condition that you will be exempt' - he is
1. Question #2 (Rabah): If this is as putting the coal
on Shimon - what if he puts it on Shimon's ox?
(d) Answer (Rabah): The slave is as Shimon (for he knows to
remove it), the ox is as his money (it lacks
3) INTERCHANGEABLE LANGUAGE
(a) (Mishnah): Reuven left his jug in a public domain; Shimon
came and tripped on it, and it broke - Shimon is exempt
from paying for it.
1. If Shimon was hurt by it, the owner of the barrel
(Reuven) must pay the damage.
(b) (Gemara) Question #1: Why does it first call it a jug,
and then call it a barrel?
(c) Question #2: Another Mishnah says, if Levi is walking
with a barrel, and Yehudah with a beam, and the jug broke
when it hit the beam, Yehudah is exempt.
1. There it calls it a barrel, and then a jug!
(d) Question #3: A third Mishnah says, Levi is carrying a
barrel of wine; Yehudah, a jug of honey. Yehudah's barrel
cracked; Levi spilled out his wine and saved the honey -
he only gets paid as a worker (but is not compensated for
the wine he sacrificed).
1. First, it calls it a jug; later, it calls it a
(e) Answer (Rav Papa - to all 3 questions): The 2 words are
(f) Question: Why does the Tana bother to teach this?
(g) Answer: It is relevant to commerce.
(h) Question: In what case?
1. Suggestion: If in an area where a jug is not called
a barrel, and vice-versa - one must give what the
(i) Answer: The case is, most people call a jug 'Kad' and a
barrel 'Chavis'; a minority of people call a barrel 'Kad'
and a jug 'Chavis'.
1. One might have thought, we go after the majority
(and a buyer that asked for a Chavis may demand a
2. We hear, this is not so - in money matters, we do
not follow the majority.
(a) (Mishnah): Shimon came and tripped on it, and it broke -
Shimon is exempt from paying for it.
5) WHEN ONE MAY TAKE THE LAW INTO HIS OWN HANDS
(b) Question: Why is Shimon exempt - he should look where he
(c) Answer #1 (Rav): The case is, Reuven filled the public
domain with jugs.
(d) Answer #2 (Shmuel): The case is, it was dark.
(e) Answer #3 (R. Yochanan): The jug was around a corner, out
of his sight.
1. Question (Rav Papa): The language of the Mishnah
does not fit Rav's explanation.
(f) Answer #4 (R. Aba): Shimon is exempt, because people
normally do not look where they walk.
i. According to Rav, why does the Mishnah say 'he
tripped' - he should be exempt even if he
intentionally breaks it!
2. Answer (Rav Zvid): Yes - even if he breaks it, he is
exempt; the Mishnah gave the case of tripping, so
the end of the Mishnah can teach, if Shimon (tripped
and) got hurt, Reuven must pay.
i. If Shimon broke it and got hurt, Reuven would
3. Since the end of the Mishnah is a case of tripping,
also the beginning of the Mishnah was taught by
ii. Question: Why?
iii. Answer: He brought the damage on himself.
(g) There was a case in Nehardai - Shmuel obligated one who
tripped to pay; there was a case in Pumbadisa - Rava
obligated one who tripped to paying.
1. Shmuel is consistent with his explanation of the
2. Suggestion: We can deduce that Rava holds as Shmuel.
3. Rejection (Rav Papa): He could hold that one who
trips is exempt; he ruled in a case of vessels left
near the corner of the olive-press.
i. Since the owner was allowed to leave his
vessels there (such is the custom), one who
walks must watch his step; since he did not, he
(a) (Rav Chisda): The custom is, one who kicks someone with
his knee must pay 3 Sela'im (for embarrassment alone);
for kicking with the foot, 5 Sela'im; for hitting him
with a donkey's saddle, 13;
(b) Question (Rav Chisda): How much must he pay for hitting
him with the handle or blade of a shovel?
1. Objection (Rav Nachman): We do not obligate people
to pay fines in Bavel! What was the case (for which
(c) Answer (Rav Nachman): He can hit him 100 times, he is
2. Answer (Rav Chisda): There were 2 partners in a pit
of water. Each day, one of them would water his
field from it. One day, one was using it on his
3. The partner protested, to no avail. He hit the one
using it with the handle of a shovel.
1. Even the opinion that says that one may not take the
law into his own hands, admits that to avoid a loss,
(d) (Rav Yehudah): One may not take the law into his own
(e) (Rav Nachman): One may take the law into his own hands.
(f) All agree, to avoid a loss, one may take the law into his
own hands; they argue when there is no loss.
1. Rav Yehudah says, he may not take the law into his
own hands - he can go to Beis Din!
(g) Question (Rav Kahana - Beraisa): Ben Bag Bag says, do not
enter your friend's property to take what is yours
without permission - perhaps you will appear as a thief
to him; rather, blunt his teeth and say, 'I am taking
what is mine'!
2. Rav Nachman says, he may take the law into his own
hands - since he is doing properly, he need not
exert himself to go to Beis Din.
(h) Answer #1 (Rav Yehudah): Ben Bag Bag holds as Rav
Nachman - but Chachamim argue, and hold as me!
(i) Answer #2 (R. Yanai): 'Blunt his teeth' means, legally
(in Beis Din)!
(j) Objections: If so, why does it say 'Say to him' - it
should say, 'We say to him'! If so, why does it say 'I
take what is mine' - it should say, 'He is taking what is
1. This is left difficult.