daf bit: Bava Kama 24
Jan. 22nd, 2009 09:04 amThe 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under which this designation can be made (and rescinded -- I didn't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.