EPISODE · Dec 18, 2023 · 14 MIN
Bava Kamma 46: Dividing Disputed Property
from Talking Talmud · host Yardaena Osband & Anne Gordon
Chapter 5, and its opening mishnah: If an ox (a "tam" ox) gores a cow, and the cow was pregnant and the calf is found outside of the cow, is that because of delivery or because of the goring? With real implications for paying damages. And vice versa, if a cow gored an ox and delivers a calf (or it was aborted because of the goring). Plus, turning to Somchos's view of disputed property being divided between the claimants vs. the majority view that the burden of proof is on the one claiming he's due. Also, reading the verses that teach this level of responsibility (not the legal verses, but narrative). Plus, the question of when the learning requires biblical verses to teach these details or is common sense sufficient.
What this episode covers
Chapter 5, and its opening mishnah: If an ox (a "tam" ox) gores a cow, and the cow was pregnant and the calf is found outside of the cow, is that because of delivery or because of the goring? With real implications for paying damages. And vice versa, if a cow gored an ox and delivers a calf (or it was aborted because of the goring). Plus, turning to Somchos's view of disputed property being divided between the claimants vs. the majority view that the burden of proof is on the one claiming he's due. Also, reading the verses that teach this level of responsibility (not the legal verses, but narrative). Plus, the question of when the learning requires biblical verses to teach these details or is common sense sufficient.
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Bava Kamma 46: Dividing Disputed Property
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