More Discussions for this daf
1. Chatzi Nezek 2. Collecting damages 3. The Half Payment of a Tam
4. v'Heimis Ish O Ishah 5. שינויים בסדר הדברים
DAF DISCUSSIONS - BAVA KAMA 15

Yeshayahu HaKohen Hollander asked:

On BavaKama 15A Rav Pappa and Rav Huna the son of Rav Yehoshua dispute the issue of whether the payment of half damages is Civil (Mamona) or Penal (Knassa). The practical issue - as the Gemara later says - is whether courts in Baval deal whith such issues, since Knassa is NOT adjucated in Bavel.

How can this issue arise in the time of Rav Pappa? Was there no tradition of the courts? Did not both Amoraim know that these cases were NOT adjucated in their times?

Yeshayahu HaKohen Hollander

The Kollel replies:

There was not necessarily any tradition of the courts, just as today one will find different Batei Dinim that are divided on certain key issues of Halachah, such as whether a personal check is considered money or a Shtar (legal document) with the many resulting Halachic differences. It is very possible that Rav Papa's Beis Din did in fact judge such cases.

All the best,

Yaakov Montrose