Wednesday 13 July 2016

Bava Kamma 43: Determining Punishment Based on Comparisons

The Gemara continues to work through possible meanings of our last baraita - who inherits what when a pregnant woman is assaulted and miscarries.  The rabbis consider whether the woman might have been a Canaanite maidservant who was emancipated (along with her emancipated-Canaanite-slave-husband, and both died without heirs.  They consider whether she might have been a divorcee who was subsequently impregnated by her ex-husband (illegally).   They discuss which scenarios would require damages to be paid - for damage, for pain.  And they discuss whether land or money should be used as payment.  If money is used, they consider the payment of a double portion.

If a slave was killed unintentionally, is the payment of thirty shekels still required?  Does this depend on whether or not one has admitted to the killing?  My question - if one admits to killing a slave unintentionally, does that count as a migo?  Why not deny the entire incident?  The rabbis move forward - is a ransom paid for a slave?  What if a fire was caused unintentionally? The rabbis remember to mention situations where the larger of two crimes would be punished, nullifying the less serious consequence.  

Some very disturbing situations, including a slave who catches fire, are used as examples.  And then the rabbis discuss what might be meant by the phrases "a slave" and "if a slave"; "a ransom" and "if a ransom".  Our daf ends with the beginning of a conversation about whether there are different consequences when an ox kills a minor and when it kills an adult.  Although minors are not punished as if they are adults if they kill, killing a minor is punished as if one has killed an adult.

Sometimes learning Bava Kamma feels like a long list of crimes and punishments.

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