The first of a series of three Talmudic treatises of the order Neziḳin dealing with damages. Liable- his negligence caused the damage. for if [we explain it] like Rav, why [does the Mishnah] specify ‘stumble’- even if he broke it, [he would] also be [exempt]? Pain, humiliation, loss of income, and medical expenses, as per m. Bava Kamma 8:1. First, the Tosefta is some three to four times larger than the Mishnah.
מתנית’ בשהיו שניהם ישינין. The beraitot in the Tosefta, in addition to giving supplementary and sometimes parallel passages to the Mishnah, also contain much more material than the Mishnah, dealing with entire subjects not mentioned in it.. Chapter I of the Tosefta parallels chapter 1 of the Mishnah, but it ends with a series of laws dealing with deeds and surety. A Jew is only obligated to go beyond the letter of common business law for his Jewish brothers and cousins. R. Zebid and R. Papa’s statements are followed by R. Abba’s report to R. Ashi (E),36 of another interpretation of the mishnah in the name of the third-generation Palestinian amora, R. Ilai “from the West,” which has a similar connotation.37, This Palestinian tradition of the mishnah, consistent with and corroborated by the Yerushalmi, conforms with its more natural reading and exempts the pedestrian, even though his actions directly cause the damage, because he is within his rights as a pedestrian when passing through and hence not accountable for its consequences.38. Normally, a loan is witnessed and documented to make it legally effective. 'London' (15th century; London - British Library Add. (Jerusalem: Magnes, 1962), pp. (New York: Jewish Theological Seminary Press, 1994), p. 7; and The Talmud of Caesarea: Yerushalmi Tractate Nezikin (Hebrew; Jerusalem, 1931). תּוֹסֶפְתָּא, Heb. Rab ḥisdai asked Rab Naḥman how much the offender had to pay. Importantly, it also coincides with the last ruling reported in the parallel Yerushalmi sugya It has been shown that Rava demonstrates a tendency to apply Palestinian interpretations of the Mishnah. אבל אם היה אחד מהן ישן ובא חבירו לישן אצלו זה שבא לישן אצלו הוא המועד, אמר קרא פצע תחת פצע לחייבו על השוגג כמזיד ועל האונס כרצון, אמ’ רבה היתה אבן מונחת לו בחיקו ולא הכיר בה מעולם ועמד ונפלה לענין נזקין חייב לענין ארבעה דברים פטור…, (E) אמ’ ליה ר’ אבא לרב אשי אמרי במערבא משמיה דר’ אלעאי לפי שאין דרכן של בני אדם להתבונן בדרכים, (F) הוה עובדא בנהרדעא וחייב שמואל בפומבדיתא וחייב רבה, הוה עובדא בנהרדעא וחייב שמואל בפומבדיתא וחייב רבה, Taking an Oath While Holding a Torah Scroll. Some of these may be given here: The unedited full-text of the 1906 Jewish Encyclopedia, Systems of Transliteration Citation of Proper Names. (B) They said at the school of Rav in the name of Rav: [the Mishnah speaks of a case] where the whole public domain is filled with jugs.

Using the same words as R. Papa cited at the end of the sugya.
About the linguistic peculiarities in the beginning of the tractate, see Frankel, "Darke ha-Mishnah," p. 13; and compare Bab.

(Job xxxi.

Nevertheless, one particular sugya, b. Bava Kamma 27b, does capture the shift quite clearly.26 In its final form – that is following redaction – this sugya illustrates how succeeding generations of amoraim understood one mishnah (m. Bava Kamma 3:1) very differently from one another, based on the system of liability to which they subscribed.27 By paying careful attention to the various layers of opinions in the Talmud, I will attempt to uncover the intellectual history of one strand of rabbinic jurisprudence. 4; Gem. Before, however, giving the detailed regulations for these four kinds of damage, the Mishnah proceeds to the discussion of the second class of damages, those caused by agents in an abnormal condition. (f) At the funeral of King Hezekiah a scroll of the Law was laid on the bier, with the words, "This [man] fulfilled what is written in this [scroll]" (Bab. In some cases the former absolves man of an obligation, and the latter does not (Mish. The example of knocking out an eye is used to parallel the biblical verse, Ex 21:24 which famously begins with עין תחת עין, “an eye for an eye.” See Avraham Weiss, Rav and Shmuel (b. Bava Kamma 4b) debate the meaning of “ox” and “, A possible resolution for the seeming inconsistency between m. Bava Kamma 2:6 and the remainder of the tractate offered recently is that when it describes a person as forewarned (, The original name of the tractate consisting of Bava Kamma, Mava Metzia and Bava Batra is Nezikin. xxii. On the other hand, during the period of the third-generation of amoraim, more subjective considerations begin to emerge as well. xi. 2a, Ḥiyya has 13). 29a, 56a, and passim). [8], Rabbi Sherira Gaon then brings down the reverse of this example: "Or, let us suppose that Rebbe [Yehuda Ha-Nassi] in the Mishnah records a dispute between R. Meir and R. Yosi. The ḥasid rebuked him, saying, "Why do you throw these things from a place that is not yours into a place that is yours?" As is often the case when tannaitic sources appear to conflict, the Talmudim harmonize them by reading one source in light of the other.8 Here, the Bavli reinterprets m. Bava Kamma 3:1 under the assumption that strict liability would apply; in other words, in accordance with 2:6.

(B) They said at the school of Rav in the name of Rav: [the Mishnah speaks of a case] where the whole public domain is filled with jugs.Shmuel said: they taught [this ruling in a case where the public domain is] in darkness.

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