tosefta bava kamma
They said to Rav Yochanan, “Rabbi Avahu must have found a treasure.” He said to them, “Why?” They said to him, “His face is shining.” He said to them, “Maybe he learned a new piece of Torah?” So they went to him (Rabbi Avahu). 20; the only complete manuscript). ix. Before, however, giving the detailed regulations for these four kinds of damage, the Mishnah proceeds to the discussion of the second class of damages, those caused by agents in an abnormal condition. vii. The title Bava Kamma is the abbreviated form for Bava Kamma de-Massekhet Nezikin ("the first gate (section) of the tractate Nezikin"). בָּבָא קַמָּא), tractate of the Talmud, the first of the order Nezikin.. Name. See Yaakov Elman, “Order, Sequence, and Selection: The Mishnah’s Anthological Choices,” in. [4], Alberdina Houtman and colleagues theorize that while the Mishnah was compiled in order to establish an authoritative text on halakhic tradition, a more conservative party opposed the exclusion of the rest of tradition and produced the Tosefta to avoid the impression that the written Mishnah was equivalent to the entire oral Torah. חמוניה תלמידוי דר’ יוחנן אפוי נהירין. Contrary to the agreement A drew water on a day that was not his. (3) He who has robbed his neighbor, and desires to make restitution, pays the full value of the thing taken and a fine of one-fifth of its value (Lev. 5 [A. V. 6]). 10) are quoted as meaning (Babli 3a; see Rashi, ad loc.) ↩. Had R. Ḥiya then come along, in the Tosefta, and stated that the halacha had been originally a matter of dispute - even though it has now been reported anonymously - we follow the Mishnah rather than take up the episode which places the rabbis at variance. There is however, a third possibility: the Tosefta can transmit the halakhah of the Mishnah in an earlier and more original version. Nevertheless, one particular sugya, b. Bava Kamma 27b, does capture the shift quite clearly.26 In its final form – that is following redaction – this sugya illustrates how succeeding generations of amoraim understood one mishnah (m. Bava Kamma 3:1) very differently from one another, based on the system of liability to which they subscribed.27 By paying careful attention to the various layers of opinions in the Talmud, I will attempt to uncover the intellectual history of one strand of rabbinic jurisprudence. All four of these sources, together with many Cairo Geniza fragments, have been published online by Bar Ilan University in the form of a searchable database. vii. This page was last edited on 4 August 2020, at 12:04. His rejection of this conclusion was not, however, based either on an examination of the internal evidence of the Tosefta itself, or on a comparison of the Tosefta to other tannaitic collections. negligence), In b. Bava Metzia 83a, Rava exempts a custodian from liability by taking the oath: שבועה שלא בכוונה שברתיה, “An oath that I did not break it intentionally,”. Already in the first mishnah of Bava Kamma, fault and negligence seem to function as the source of liability for injury that occurs through one’s actions or property: A person is always forewarned whether for inadvertent or intentional [acts], whether awake or asleep. (2) The principal point in the second class is the distinction made between "tam" (harmless) and "mu'ad" (warned) (see Accident). x. corresponding to chap. Strict Liability: m. Bava Kamma 2:6 These four agents of damages correspond to those mentioned in Ex. BAVA KAMMA (Aram. 81b; compare B. M. 76a), "mihyot ṭob al tiḳḳare ra'" (when thou art kind, thou shalt not be called bad); then the question is raised, "Is it written so?" Tosefta Bava Kamma 8 הגונב נפש מאחיו מבני ישראל אחד גונב איש ואשה וגר ועבד משוחרר אחד איש ואשה וגר ועבד משוחרר שגנבו הרי אלו חייבין. Some posit that there is a deep inner logic guiding the development of law, some view it as accidental, while still others point to historical and economic imperatives that shape the tort doctrine. User-contributed reviews. xxxiv. A person attacked on his own grounds may take the law into his own hands, when the delay caused by going to a proper court of law would involve great loss. The law concerning the compensation in these cases is expressed in the Mishnah (i.


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