More Discussions for this daf
1. Nichnas b'Rishus 2. Shen and Keren 3. הערות בשור שנגח
4. הכניס שורו לחצר בעל הבית שלא ברשות
DAF DISCUSSIONS - BAVA KAMA 48

Joel P. Wiesen asked:

Here is a point I did not understand on BK 48A.

Why isn't the owner of the goat liable for its eating the poor woman's dough, rather than the woman being liable for the goat dying from eating her dough?

The Kollel replies:

The Gemara writes that since kneading needs privacy (for the woman reveals her arms), the owner of the house had to leave. Since the owner left, the woman was responsible for watching the owner's goat.

D. Zupnik

Yehudah Wiesen asked:

This is still very confusing to me. Why would the owner's leaving convey obligations to the woman, and what are those obligations?

Is the woman also responsible for watching all the other belongings of the owner from all types of damage? Did she become a shomer of some sort, knowingly or unknowingly, and, if so, what does she need to guard? Does every visitor become a shomer if the owner leaves on their account (e.g., to run an errand for them)? Or is she not a shomer but only personally obligated not to harm the owner's belongings?

Even if the woman were responsible at some level for some or all of the property of the owner, would not the owner still be responsible for providing the woman with a safe environment? What if the animal bit the woman rather than her dough? Or ate her grain? Would the owner be liable?

How would the situation change if it were a man rather than a woman, and so the owner remained at home during the kneading/baking?

Joel Schnur asked:

I heard the gemora's answer the first time we learned the daf but since it is being asked now by another subscriber let me add to the mix what bothered me then and still bothers me.

I am assuming that this woman is coming into the house to bake for the baal haboss, whether for pay or as a favor. The woman's forte is baking not taking care of animals or security. To obligate her to be responsible for watching the owner's house and animals while she is kneading the dough, firing up the oven and baking seems like an extraordinary amount of achrayus being placed on a stranger. Please elaborate.

Joel

The Kollel replies:

The woman's liability is limited to the damage caused by her dough. The point that the Gemara makes is as follows. Generally we say the owner is responsible to see that his animal does not overeat. However, in this case, the responsibility to watch the goat reverts to the woman (since she knows that the owner is not here). In the final analysis, she is actually required to watch her dough from damaging.

D. Zupnik