Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:

Bava Kamma 

Halacha:

Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

Description

We'll offer an introduction to the מחלוקת bet R' Yishmael & R' Akiva & an overall discussion of Halachik tort law with special emphasis on the law of a שור תם who pays 50% compensation. The underlying principle is that both the Nizak & the Mazik "participate" in paying for the loss. The reason for this is that when the negligence of the Mazik is less than total (was he meant to anticipate that his animal would attack belligerently?), the responsibility is shared by the damaged who did not protect his animal as well as he should have. Shared responsibility (i.e. negligence) = shared compensation. How is the Mazik meant to pay his 50%? R' Akiva grants the Nizak ownership in the damaging animal. R' Yishmael demands that the Mazik sign a check.