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Bava Kamma 46: Dividing Disputed Property

12.18.2023 | ו׳ בטבת תשפ״ד

Chapter 5, and its opening mishnah: If an ox (a “tam” ox) gores a cow, and the cow was pregnant and the calf is found outside of the cow, is that because of delivery or because of the goring? With real implications for paying damages. And vice versa, if a cow gored an ox and delivers a calf (or it was aborted because of the goring). Plus, turning to Somchos’s view of disputed property being divided between the claimants vs. the majority view that the burden of proof is on the one claiming he’s due. Also, reading the verses that teach this level of responsibility (not the legal verses, but narrative). Plus, the question of when the learning requires biblical verses to teach these details or is common sense sufficient.

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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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