Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:

Bava Kamma 

Halacha:

Beit Din,  Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 44b ,  Bava Kamma: 45a  

Description

Masechet Bava Kamma 44b-45a: the status of the killer ox before the condemnation of the court, does the owner own the ox? Must the ox be present at the moment of the Bais Din's ruling? Can the Shomer return the ox to its owner after the ruling of Beis Din once the ox is אסור בהנאה? Rebby Yaakov says "yes"! The animal is the identical animal physically though not in terms of its legal status. Would the Rabanan agree to this view since they agree that a theif can return the Chometz he stole even after Pesach. They obligate the Shomer to pay for the ox because the Shomer ran to Beis Din with the ox. The owner claims he could have avoided the process of Beis Din & its ruling by hiding the ox. The ox must be there when B"D hands down its ruling.