Julian Ungar-Sargon

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Daf Ditty

A wide-ranging commentary on the daily page of Talmud.

Bava Kamma 39: נִתְפַּקֵּחַ הַחֵרֵשׁ

jyungar December 12, 2023

For the source text click/tap here: Bava Kamma 39

To download, click/tap here: PDF

In certain situations where a person cannot fend for himself, Jewish law appoints an apotropus – a legal guardian – who accepts the responsibility of looking out for the person’s interests. The Mishna on our daf discusses the case of an ox that belonged to a heresh, shotah ve-katan – a deaf-mute, an imbecile, or a child – all of whom are perceived as unable to take care of their own affairs.

Owners like those will not be held responsible for damage done by the ox, but if the ox is found to be violent, then an apotropus will be appointed by the courts so that witnesses can come forward and testify about the ox

However, until it becomes clear that there is a problem with the animal, the court will not appoint an apotropus.

We continue our review of the place of animals in antiquity especially Beth Brkowitz's study of animals in ancient Judaism.

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Julian Ungar-Sargon

This is Julian Ungar-Sargon's personal website. It contains poems, essays, and podcasts for the spiritual seeker and interdisciplinary aficionado.​