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Bava Kamma 35: The Burden of Proof

Cases of damage by the animal vs a person – where the question of who is liable that can be less pleasing to the person who has suffered damage, and might not get paid back. Specifically, when does a person’s intent make a difference with regard to paying damages (or getting paid for them)? Plus, a new mishnah: One ox chases another ox, which is subsequently damaged, and the owner blames the other ox, but that ox’s owner claims the damage took place in some other way. Who wins? The one seeking payment has to prove his case. Another case: two oxen chasing two oxen, of different sizes. How to identify which damaged which? Which is tam vs mu’ad, etc.? The Gemara puts all of this in the context of Sumchos’ view that any dispute is solved by dividing the property.

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Anne and Yardaena

Anne Gordon is the deputy editor of Ops & Blogs at The Times of Israel. She is a veteran educator, having taught in high school and post-high school institutions in Israel and America for several decades. Yardaena Osband is a pediatrician and teaches in her community and online. They both hail from Boston, proud alumna of Maimonides School, where they first learned Gemara. Talking Talmud is their conversation (via podcast) on the daf yomi. They say: "Learning the daf? We have something for you to think about. Not learning the daf? We have something for you to think about! (Along with a taste of the daf...) Join the conversation with us!"
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