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Bava Kamma 58: When an Animal Gives Birth on Another’s Property

12.30.2023 | י״ח בטבת תשפ״ד

An animal that wanders into someone’s private property and causes damage – the owner of the animal is liable. But if the animal caused damage because it gave birth, that is a case that begins with negligence, but the damage is because of an accident, as it were. Perhaps that means the animal’s owner is exempt from paying because the damage was unavoidable. Or should the owner have guarded the animal even more carefully? Also, the case of a person who cut down a date palm, one of three in a little grove, and the case is brought to the exilarch for adjudication. Until the perpetrator rejects the civil authority, and the cad comes before R. Nachman.

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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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