Bava Kamma 23B

Study Bava Kamma folio 23B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

כחצר הניזק דמי; דאי כחצר המזיק דמי, לימא ליה: מאי בעי רפתך בפומא דכלבאי?

is like the courtyard of the injured party, i.e., it is not a separate domain from the place in which the animal is eating. As if the mouth of the animal were to be considered like the courtyard of the one responsible for the damage, let the owner of the dog say to the injured party: What is your bread doing in my dog’s mouth? The dog’s mouth is my domain, and I am not liable for damage classified as Eating done to your property in my domain.

דאיבעיא להו: פי פרה ⁠– כחצר הניזק דמי, או כחצר המזיק דמי?

The Talmud notes: The need for this type of inference arises from the fact that a dilemma was raised before the rabbis: Is the mouth of a cow like the courtyard of the injured party, or is it like the courtyard of the one responsible for the damage, i.e., the owner of the cow?

ואי אמרת כחצר המזיק דמי, שן דחייב רחמנא היכי משכחת לה?

The Talmud asks: But if you say that the mouth of the cow is like the courtyard of the one responsible for the damage, how can you find a case of damage classified as Eating for which God holds the owner of the animal liable? The halakha is that one must pay for damage classified as Eating only if it occurred on the property of the injured party. If the mouth of an animal is deemed the domain of the animal’s owner, damage caused by an animal eating would always take place in the domain of the animal’s owner and he would therefore be exempt from liability in every case.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.