Categories: Halacha & Hashkafa
Daf Yomi
Limited Liability
‘It Excludes An Ox That Gored…’
(Baba Kamma 13b)
A baraisa on our daf explains the Mishnah’s statement (supra 9b) regarding “nechasim ha'meyuchadim” (property that is owned) that a person only must pay for damages his animal caused if he still owns it. If he declares it hefker or dedicates it to hekdesh, he need not pay anything.
The Tur (Choshen Mishpat 406), however, rules that if the owner subsequently reclaims the animal and take it into his possession, he is obligated to pay for the damages.
How Much?
Two verses in the Torah (Exodus 21:35-36) are the source for how much needs to be paid. We deduce from the first verse that if the animal is usually docile (tam) and has never caused damage before, its owner pays only for half the damages (chatzi nezek), as long as it doesn’t exceed the animal's value (Bava Kamma 14a). The second verse teaches us that if the animal is a mu'ad, i.e., one that has established itself as a habitual damager, the owner must pay for the entire amount of damages, even if it exceeds the animal’s value.Who Pays?
From the Gemara's discussion it seems that whenever one’s animal causes damage beyond its own value, one can simply declare it ownerless or dedicate it to hekdesh and thus circumvent the obligation to make restitution. This seems problematic, an issue raised by both Pilpula Charifta (to the Rash, 16:40) and Hagahot Chavot Yair (to the Rif, 5a). The Imrei Bina (to our sugya) suggests that the act of disowning the animal is considered, in itself, damage since it deprives the aggrieved party of his right to collect damages. He explains that only if a person declared his animal ownerless while unaware that the animal caused damage is he not held accountable for the damages. If he was aware, though, that his animal caused damage and only declared it ownerless in order to avoid restitution, he must pay.
