Jul 172016
 

A pregnant cow damages but it is unclear if the calf was born before or after it damaged, the mishna says that half is paid from the cow and half from the calf. This doesn’t make sense as the owner of the damaged animal will get 3/4 instead of half damages!  Abaye and Rava each interpret the meaning of the mishna in different ways.   If someone places items in someone else’s property with or without permission and it damages or gets damaged – what is the law?  If he gets permission to leave it their, the rabbis understand that the owner of the property accepted responsibility to watch the item.  Rebbi disagrees and says unless he explicitly said he would watch it, he has not accepted responsibility of a shomer.  If fruits are left without permission and the animal gets damaged from eating them, Rav thinks the owner who left the fruits is not responsible (he is only responsible if the animal tripped) because the fruit owner can say, “What were you doing eating my fruits?”  Rav’s opinion is questioned by Rav Sheshet based on a braita.

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