Bava Kamma 13 - November 15, 2 Kislev
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Study Guide Bava Kamma 13 Rabbi Yosi h'Gelili holds that kodshim kalim are considered the property of the owner and not the property of God. The Gemara concludes that this is true even during the time of the Temple when they can be brought as sacrifices. Ben Azai holds that this is limited to only some types of koshei kodashim, however, there is a debate about which ones he excluded. Rava offers a different explanation for the phrase in the Mishna "property that does not have meila," that it excludes any sanctified item. Rabbi Abba, holding like Rabbi Yosi h'Gelili explains that if an animal designated for a peace offering causes damage, the payment is from the meat that can be eaten and not from the part burned on the altar. What does he mean by this and how does it relate to the debate between Rabbi Natan and the rabbis regarding an animal who pushed someone else's animal into a pit dug by a third person? What is meant in the Mishna when it limits damages payment to "those part of the covenant"? What is meant by "assigned property?" Some hold it is excluding a case when it is unclear whose animal caused the damage. Others hold that it excludes a case where the animal who damaged was ownerless. There is a debate about what situation this is referring to. If one's animal caused damage in the property of its owner, the owner is not liable as the owner can say, "What were you doing in my property!" If it was jointly owned by both people (the damager and the damaged), is the owner exempt or liable? There is a tannaitic debate on this issue and it all depends on different ways to read the end of our Mishna. What case is included by the line at the end of the Mishna - "in a case where one is liable, one needs to pay from the best of the land?"