Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:

Bava Kamma 

Halacha:

Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 36a  

Description

For Masechet Bava Kamma 36a we continue our analysis of the Mishna on 35b, the case of one of two שוורים תמים who damaged the Nizak, can the Nizak collect from either of the 2 oxen? I.e. if one of the oxen is lost can the Nizak collect from the remaining ox despite the fact that it is uncertain that it was that ox that did the damage. Clearly if the two oxen were Muadim the Nizak can collect from either ox since in fact the Nizak can collect from any and all of the Mazik's possessions. We cannot explain the MIshna in terms of Tamim according to R' Akiva who has the Nizak owning partnership in the ox that damaged. Hence the possibility of the Nizak claiming damages requires that both oxen be present for collection.