Powtórzonego Prawa 2:6 Odniesienia do Talmudu: Jerusalem Talmud Bava Kamma

HALAKHAH: “One who digs a pit in the public domain,” etc. It is written⁵⁶Ex. 21:33.: “If a man open a pit” and “if a man dig a pit.” One pit for damages, the other pit for death⁵⁷The verse mentions “opening” for a pit which is not deep enough to kill an animal, and “digging” for a pit deep enough to kill.. Rebbi Isaac said, both the pit of death and the pit of damages were added from the same verse, but when it comes to the pit of death you say he is not liable for vessels, but when it comes to the pit of damages you say he is liable for vessels⁵⁸In the next Halakhah one deduces “an ox but not an ox with his vessels” from the language of the verse. Why does this not apply to damages in case the animal survives the fall? No answer is given; it must be that the award of damages in this case is a matter of common, not biblical law.! This is not only if he dug, from where if he bought, inherited, or it was given to him as a gift? The verse says, “if a man acquire a pit.⁵⁹Understanding יכרה as not derived from I כרה “to dig” but from II כרה “to buy” (Deut 2:6, Hos. 3:2); in the Babli (Soṭah 13a, Roš Haššanah 26a) this is charaterized as Phoenician.” Has one the right to abandon his damages in the public domain⁶⁰Since ‘pit’ is an obstacle in the public domain, how is it possible to acquire if from another person?? Rebbi Yose ben Rebbi Abun said, explain it following Rebbi Yose ben Rebbi Jehudah who said, three [handbreadths]⁶¹Reading טפחים for דברים “things” in the text. close to a domain are like that domain⁶²This defines what means “close to another domain” in Mishnah 8 (Note 54). In the Babli, 50a, he requires a distance of at least 4 handbreadths. A private domain can be bought or inherited with all its liabilities..