Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:

Bava Kamma 

Halacha:

Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 33b  

Description

We will analyze the rights of the Mazik to sell the damaging animal in the time period between the Maaseh Hezek and the judgement of the court. This is the subject of the sugya in Masechet Bava Kamma 33b which we began in the previous shiur. We will he analyze the Tosefta regarding the rights of the Nizak in the שור המזיק. Rashi & Tos' assume that this Tosefta reflects the view of R' Yishmael who validates the sale of the animal by the Mazik since he owns the גופו של שור, whilst the Nizak only owns שעבודים in the animal. R' Akiva would clearly invalidate the sale. The Rambam would attribute the authorship of this Tosefta to R' Akiva; the Ketzos explains that the Halachic principle of יוחלט only begins with the decision of Beis Din.