POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Kama 58
1) PAYING AS MUCH AS HE BENEFITED
(a) (Mishnah): If it fell into a garden and benefited, Reuven
pays the benefit (not the full damage).
2) "ONES" AT THE END
(b) (Rav): The case is, it fell on fruits.
1. Question: We may infer, if it ate them, he does not
pay at all!
(c) Question: How did the animal fall?
i. Suggestion: This is as Rav holds, the animal
should not have eaten.
2. Answer: No, rather Rav teaches a bigger Chidush;
ii. Rejection: No - he only said that to exempt the
owner of fruits, when the animal ate and was
damaged; Rav would not say this is a reason to
exempt it when it damages.
i. Not only when it ate, it pays the benefit, but
even when it fell on fruits - we do not say,
the fruits merely 'chased a lion' (prevented
damage) so Reuven is exempt.
ii. Question: Why don't we say this?
iii. Answer #1: That exemption is only when he
intended to prevent damage - here, he did not.
iv. Answer #2: That exemption is only when the
chaser did not suffer a loss - here, he lost.
(d) Answer #1 (Rav Kahana): It slipped on its urine.
(e) Answer #2 (Rava): Another animal (of Reuven) pushed it.
1. Rava agrees, all the more so if it slipped on its
urine, it pays the benefit.
(f) (Rav Kahana): It (only) pays the benefit in the patch it
fell into - but if it entered another patch, it pays the
2. But Rav Kahana would say, if another animal pushed
it, it pays the damage - they should have been led
single file, it was negligence to lead them side by
(g) (R. Yochanan): Even if it entered another patch, even if
it eats all day long, it only pays the benefit, until it
leaves and returns knowingly.
(h) (Rav Papa): He does not mean that Reuven finds out and
does not lock it up properly (minimal guarding) - rather,
once he finds out that it left, even if he locks it
(i) Question: Why is this?
(j) Answer: Once it found a place to eat, it will return
whenever it can (so it must be guarded well).
(a) (Mishnah): If it entered normally, it pays the damage.
(b) Question (R. Yirmeyah): If it entered normally and
damaged through water of birth - what is the law?
1. According to the opinion that one who was negligent
to start and Ones at the end is liable, surely he is
2. The question is according to the opinion that
negligence at the start does not obligate one for
Ones at the end:
i. Is this also negligence to start and Ones at
the end, so he is exempt?
ii. Or - is this all negligence - since he knew it
would give birth soon, he should have been
careful with it?
3) EVALUATION OF THE DAMAGE
iii. This question is unresolved.
(a) (Mishnah): We evaluate the damage (by evaluating a Beis
4) WHEN A MAN DAMAGES
(b) Question: From where do we know this?
(c) Answer (Rav Masnah): "It will consume in a different
field" - we evaluate the damage based on another field.
(d) Question: We need that verse to exempt (Shen) in a public
(e) Answer: If it only came to teach that, it should say 'his
friend's field' or 'a different field';
1. It says "In a different field" to teach that we
evaluate the damage as if it was in another field.
(f) Question: Perhaps the verse only comes to teach that!
(g) Answer: If so, it should have been written by the
payments - 'From the best of his field and vineyard he
will pay in another field';
1. It was written by the damage so we learn both.
(h) Question: How do we evaluate?
(i) Answer #1 (R. Yosi bar Chanina): (How much the damaged
area would decrease the value of) a Beis Se'ah sold as
part of a field of 60 Beis Se'ah (larger fields are
proportionally cheaper, since only rich people can buy
(j) Answer #2 (R. Yanai): A half-Beis Se'ah among (as part of
a field of) 60 times as big. (Me'iri, Maharam Shif - how
much the damaged area would decrease the value of) a Beis
Se'ah sold as part of a field of 30 Beis Se'ah.)
(k) Answer #3 (Chizkiyah): The amount eaten among 60 times as
(l) Question (Beraisa): If it ate 1 or 2 Kavim, we evaluate
as (among) a small patch.
1. Suggestion: We evaluate the small patch by itself.
(m) Answer: No - as part of a field 60 times bigger (each
Amora as his opinion).
(n) (Beraisa): We do not estimate the value of 1 Kav, for
this makes it better; we do not estimate the value of a
Beis Kor (1 Kor is 30 Se'ah), for this makes it worse.
1. Question: What does this mean?
2. Answer #1 (Rav Papa): We do not estimate the value
of 1 Kav (eaten) among 60 Kavim, for this favors the
damager; we do not estimate the value of 1 Kor
(eaten) among 60 times as much, for this hurts the
damager. (Rather, we estimate 1 Se'ah in 60.)
3. Question (Rav Huna bar Mano'ach): If so, it should
not say 'a Beis Kor', rather 'a Kor' (since that was
4. Answer #2 (Rav Huna bar Mano'ach): We do not
estimate the value of 1 Kav (eaten) alone, for this
favors the damagee; nor do we estimate it among a
Beis Kor, for this hurts the damagee;
i. Rather, we evaluate it among 60 times as much.
(a) Reuven cut down Shimon's date tree.
1. Reish Galusa: I saw, there were 3 trees together
there, they were worth 100 in all - Reuven must pay
1 third of this.
2. Reuven: That is as Persians rule! I will go to Rav
3. Rav Nachman: We evaluate among 60 times as much.
4. Rava: That was said when a man's money damages -
does it apply when a man himself damages?
5. Abaye (to Rava): Do you learn a man's damage from
the following Beraisa?
i. (Beraisa): Levi ruined Yehudah's vineyard when
the grapes were unripe - we see how much it was
worth before, and how much it is worth now.
6. Abaye: That is no proof - there is a similar Beraisa
regarding damage by an animal!
ii. The Beraisa does not mention 60.
i. (Beraisa - R. Yosi): (An animal) cut the top
off a young tree. Those that make decrees in
Yerushalayim decreed that it pays 2 (silver
coins) for a first year tree, 4 for a second
7. Abaye: Chachamim say, we see how much it was worth
before, and how much it is worth now - they did not
mention 60, but we know that is the law;
ii. R. Yosi ha'Gelili says, if it ate fodder, we
evaluate the remnant, what it is worth at
harvest time; Chachamim say, we see how much it
was worth before, and how much it is worth now.
iii. R. Yehoshua says, if it ate Smader (immature
grapes right after budding) - we view them as
if they were ready to be harvested; Chachamim
say, we see how much it was worth before, and
how much it is worth now.
iv. R. Shimon ben Yehudah says, this is only when
it ate grapes or figs that were just budding;
but if it ate Pagim or Boser (proper grapes or
figs that are not fully grown), we view them as
if they were ready to be harvested.
i. The same applies to the Beraisa of a man that