Thursday, January 1, 2009

Bava Kamma 4 - How to Translate Mav'eh? (Torts)

Out of the four damagers: ox, pit, man, and fire, the term for "man" or "ma'veh" can have various translations. Rav translates ma'veh as a seeker or man; Shmuel translates it as the "tooth" of an animal consuming produce. Then how does this "tooth" differ from an ox? The intent of eating (tooth) is to have pleasure, while the intent of goring (ox) is to harm.

Rabbi Oshaya listed thirteen primary damages: unpaid custodian, borrower, paid custodian, renter, bully, pain, healing, unemployment, and humiliation, plus the four primary damagers above. Why does the Mishna not include these? - It listed man and meant all types of damage inflicted by man.

Art: Extraction of the Tooth by Gerrit Dou

No comments: