daf bit: Bava Kama 2

[cellio]

Today we begin a new tractate (in a new order), Bava Kama. Bava Kama ("first gate") is the first of a trio addressing civil damages; the others are Bava Metzia ("middle gate") and Bava Batra ("last gate"). Bava Kama begins with accidental (non-criminal) damages. The first mishna enumerates four broad categories: the ox, the pit, the mav'eh (to be defined), and the fire. The g'mara then derives other categories from these.

The ox, as in the ox that gores (Exodus 21), or more broadly, damages done by your animals. The pit, as in when you open a pit in the public way and someone falls into it (ibid). The mav'eh seems to mean accidental damage caused by people (this isn't clear to me). And the fire, as in a fire that you kindled that then goes out of control (Exodus 22:5). In all of these cases the person -- owner of the ox, digger of the pit, person who did the damage, kindler of the fire -- will be held responsible. (2a)

Comments

Mav'eh

[isaac e. moses (from livejournal.com)]

According to R' Ovadia Mibartenura on the mishna, "ox" refers specifically to damages by an animal due to its movement, while "mav'eh" refers to damages by an animal due to its consumption.

http://www.sefaria.org/Bartenura_on_Mishnah_Bava_Kamma.1.1?lang=he&layout=lines&sidebarLang=all

"... השור הוא הרגל, דהיינו מה שהבהמה מזקת ברגליה דרך הלוכה"

"'The ox' refers to the foot - that is, that which the animal damages with its feet in the way of its walking ..."

"והמבעה זה השן, שאכלה בהמתו בשדה חבירו"

"And 'the mav'eh' refers to the tooth - that his animal ate in his friend's field."