Bava Kama Chart #10

Chart for Bava Kama Daf 42b

THE OBLIGATIONS OF ONE WHO BRINGS HIS OX
INTO HIS FRIEND'S COURTYARD

(A)
HIS OX DAMAGED THE HOST'S OX
(B)
THE HOST'S OX DAMAGED HIS OX
1 HE ENTERED WITHOUT PERMISSION Chayav Patur
2 HE ENTERED WITH PERMISSION

Rabanan:

Chayav (R. Zeira)
Patur (Rava)

Rebbi: Chayav (1)

Rabanan: Chayav
Rebbi: Patur
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FOOTNOTES:

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(1) That is, if his ox actively damaged the host's ox, he is Chayav. However, if the host's ox was damaged by his ox passively, without his ox doing any action to harm the host's ox (and likewise if the host's ox was damaged by pots that the guest brought into the courtyard), the Rishonim argue whether he is Chayav or Patur. According to Tosfos (DH Eima), Rebbi rules that he is Patur, while according to the Rosh (5:3), Rebbi says he is Chayav in such a case as well.