Jan. 22nd, 2009

cellio: (talmud)
The principle of "the ox that gores" is that while accidents happen, if it becomes a habit the ox's owner is liable. (This generalizes to more than just oxen.) The talmud discusses the circumstances under which this designation can be made (and rescinded -- I didn't know that was possible), and during the discussion raises the issue of a dog that is provoked. Raba teaches, and Rav Papa concurs, that if the dog attacks the one who provoked it, there is no liability because the plaintiff acted wrongly. However, if one incites the dog to attack another, the owner of the dog still owes damages to the victim. (The g'mara does not here discuss whether the inciter in turn owes damages to the owner, though I think he does.) (24b)

This is from yesterday's daf. Today's is...complicated.

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