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Category: General
Mishna Study Group will meet to study bava Kamma chapter 5

7:30 pm

General

Zoom – See link

In the case of an innocuous ox that gored and killed a cow, and the cow’s fetus was found dead at its side, and it is not known whetherthe cow gave birth before the ox gored it and the fetus’s death is unrelated to the goring or whether it gave birth after the ox gored itand the fetus died on account of the goring, the owner of the ox pays half the cost of the damage for the cow and one-quarter of the cost of the damage for the offspring. Since it is uncertain whether the ox was responsible for the death of the fetus, in which case he would pay half the damages, its owner pays only half the amount for the fetus that he would ordinarily be required to pay, i.e., one-quarter. And likewise, there is uncertainty in the case of an innocuous cow that gored an ox, andthe cow’s newborn offspring was found at its side dead or alive, and it is not known whether the cow gave birth before it gored the ox or whether the cow gave birth after it gored. When damage is caused by an innocuous animal, the liability of the owner is limited to the value of the animal that gored. Therefore, half the cost of the damage is paid from the value of the cow, as in the standard case of an innocuous animal. And if that does not suffice to pay for half the cost of the damage, one-quarter of the cost of the damage is paid from the offspring. Since it is uncertain whether the offspring was part of the cow at the time the cow gored, the owner pays only half of what he would pay if it were certain that it was part of the cow.

Topic: Alan Lerner’s Zoom Meeting
Time: Oct 22, 2025 07:30 PM Eastern Time (US and Canada)
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Meeting ID: 936 6769 4214
Passcode: 753473