Study Bava Kamma folio 113A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
אבל איתיה במתא – לא; דאמרינן: אימר לא אמרו ליה, דאמרי: (אשכחינהו) [אשכחיה] שליחא דבית דין, ואמר ליה.
But if the defendant is in the city, the court does not ostracize him for failing to respond to a summons conveyed through a woman or a neighbor, as we say: Perhaps they did not tell him of the court’s summons, as they said to themselves: Since the defendant is in the city, a court agent has already found him and told him. As a result, these unofficial messengers will not deliver the court’s summons to the defendant at all.
ולא אמרן אלא דלא חליף אבבא דבי דינא, אבל חליף אבבא דבי דינא – לא; אמרי: אשכחוה בי דינא, ואמרי ליה.
And similarly, we said that the court will ostracize one who does not respond to a summons conveyed through a woman or a neighbor only in a case where he does not pass by the court’s entrance on his way home, but if he does pass by the court’s entrance, the court does not ostracize him. This is because it is possible that the unofficial messengers will say to themselves: Since he passes by the courthouse, the court has already found him and told him.
ולא אמרן אלא דאתי ביומיה, אבל לא אתי ביומיה – לא; אימא אישתלויי אשתלי.
And furthermore, we said that the court will ostracize one who does not respond to a summons only in a case where he comes home on the same day that the woman or neighbor is sent to deliver the court summons. But if he does not come home on the same day, he is not ostracized, because it is possible to say that they forgot to notify him.
אמר רבא: האי מאן דכתיב עליה פתיחא על דלא אתי לדינא – עד דאתי לדינא, לא מקרעינן ליה. על דלא ציית לדינא – עד דציית, לא מקרעינן ליה. ולא היא, כיון דאמר: ״צייתנא״ – קרעינן ליה.
Rava said: With regard to one who had a document of ostracism written about him due to the fact that he did not come to court, we do not tear up the document for him until he actually comes to court, and it is not enough for him to simply commit to appearing. Similarly, if the document of ostracism was written due to the fact that he did not obey the ruling of the court, we do not tear it up for him until he actually obeys the ruling. The Talmud comments: This second statement is not so. Rather, once he has acquiesced and said: I will obey, we immediately tear up the document for him.