Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-qs9v7 Total loading time: 0 Render date: 2024-07-10T19:22:09.946Z Has data issue: false hasContentIssue false

5 - Literary analysis of the sugya in Bava Kama 20a-21a

Published online by Cambridge University Press:  21 September 2009

Louis Jacobs
Affiliation:
Lancaster University
Get access

Summary

The sugya examined here (Bava Kama 20a–21a) is appended to the mishnah (Bava Kama 2:2), wherein the ruling is given that the owner of an animal which eats food lying in the public domain is not obliged to compensate the owner of the food for his loss. This is because the type of damage done by the animal through eating is known as shen (‘tooth’), and the owner of the animal is only liable to pay for this type of damage when done in a private field, not when done in the public domain (based on Exodus 22:4, ‘and it feed in another man's field’). Nevertheless, the mishnah rules, even though the owner of the animal is not obliged to pay the full value of the food consumed by the animal, he is obliged to pay for the benefit he has received in that he has been spared the cost of feeding the animal. Say, for instance, the food eaten is costly and worth five zuzim whereas the cost of the animal's meal is only half a zuz, the owner of the animal certainly is not liable to pay five zuzim, since there is no payment for shen in a public domain, but he is obliged to pay half a zuz since he has benefited to this amount.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 1991

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×