Baba Ḳamma

Bava Kamma (Talmudic Aramaic: בבא קמא Bāḇā Qammā, "The First Chapter") is the first of a series of three Talmudic tractates in the order Nezikin ("Damages") that deal with civil matters such as damages and torts. The other two of these tractates are Bava Metzia and Bava Batra: originally all three formed a single tractate called Nezikin, each "Bava" meaning "part" or "subdivision". Bava Kamma discusses various forms of damage and the compensation owed for them.

Biblical laws dealing with the cases discussed in Bava Kamma are contained in the following passages: Exodus 21:18–19, and Exodus 21:24–22:5. The principle that underlies the legislation in this respect is expressed by the sentence, "He that kindled the fire shall surely make restitution". Exodus 22:5

Bava Kamma consists of ten chapters, which may be grouped as follows: damage caused without criminality (chaps. i–vi); damage caused by a criminal act (chaps. vii–x).

Two types of damages are dealt with: (1) damage caused by agents in their normal condition; (2) damage caused by agents in their abnormal condition. An instance of the first class of agents is an ox treading upon things that are in his way and thus damaging them, or eating things that are in his path. An instance of the second class is the case of a Goring Ox, as under normal circumstances an ox does not gore.

The Mishnah identifies four heads or agents of damage ("avot nezikin", literally, parents of damages): Ox, Pit, Ma'Aveh (meaning either damages caused by man, or those caused by an animal's feeding), Burning ("Shor," "Bor," "Mab'eh," "Heb'er"). These four agents correspond to those mentioned in Exodus 22:4 [R. V. 5], Exodus 21:33–34, Exodus 22:4–5 [A. V. 5–6].

The law concerning the compensation in these cases is expressed in the Mishnah (i. 1) thus: "These four agents have in common the circumstance that they usually cause damage; that the owner has the duty to prevent the damage; and that if he fails to do so, on damage being done he must pay full compensation, with the best of his property" (compare Exodus 22:4 [A. V. 5]). 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.

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