תלמוד על בבא קמא 3:1

Rebbi Joḥanan said, Rebbi Jehudah and Rebbi Simeon stated the same. Just as Rebbi Jehudah said, he acquired, so Rebbi Simeon said, he acquired¹⁷The owner of the injured animal becomes part owner with the owner of the attacker., only that Rebbi Jehudah says, he acquired the living and the dead¹⁸Chapter 3, Note 135; Tosephta 3:3. The owner of the attacker also becomes part owner of the carcass.; but Rebbi Simeon says he only acquired the (dead)¹⁹This certainly should read: the living. R. Simeon only discusses the case that the carcass be without value; this skirts the issue of ownership of an injured animal..

There⁷¹Mishnah Baba Qama 3:3., we have stated: “He who turns over cow dung in the public domain and a third party was hurt, is liable for damages.” It was also stated⁷²Tosephta Baba Qama 2:8: “He who turns over cow dung in the public domain in order to acquire it, and another person was hurt by it, he is liable, and it is forbidden because of robbery. Rabban Simeon ben Gamliel says, it is not robbery to impair the public domain.” The person who acquired the dung is liable but, since he acquired it, one is forbidden to take it from him, but he may take it from the owner of the cattle since it was in the public domain and an obstacle to travelers.: “It is forbidden because of robbery.” Cahana⁷³It is impossible to decide whether Cahana here is Rav Cahana I, a companion of Rav in Babylonia, or Rav Cahana II; see note in Berakhot p. 247. said, only if he turned it over in order to acquire it. But if he did not turn it over in order to acquire it, about that one does not speak. But as regards damages, there is no difference whether he turned it over in order to acquire it or he did not turn it over in order to acquire it; if a third party was hurt, he is liable for damages⁷⁴This contradicts statements of Ḥizqiah in Yerushalmi Baba Qama 3:3, fol. 3c, and of R. Eleazar in Babli Baba Qama 29b.. And here, you say so? Rebbi Abun said, there it is written (Ex. 21:34): “The one responsible for the pit⁷⁵An unauthorized open pit in the public domain. shall pay,” the one responsible for the damage shall pay. But here (Deut. 14:22): “You shall give tithes,” you give tithes from your property but not from other people’s property.

MISHNAH: One comes with his amphora of wine, the other comes with his jug of honey. If the amphora⁵²Cf. Chapter 3, Note 2. of honey sprang a leak, if the other one poured out his wine and saved the honey into it, he only has his wages⁵³For the work, not for the lost wine.. But if he said, I shall save yours if you pay me the value of mine, he⁵⁴If the owner of the more valuable merchandise agreed, he has to keep the terms of this oral contract. is liable to pay him.