## Bava Kamma Daf 21a

###### Bava Kamma 21a:1
[Bava Kamma 21a:1](https://torahapp.org/share/book/Bava%20Kamma/r/21a:1)

כְּהֶדְיוֹט מִדַּעַת דָּמֵי.

**William Davidson Edition - English:**
is **similar** to an action involving non-sacred property belonging to **an ordinary person,** which was performed **with** the owner’s **knowledge** and against his wishes. This is because consecrated property belongs to the Almighty, and it is therefore meaningless to speak of a situation where the owner is unaware of what is being done. Consequently, anyone who derives benefit from consecrated property is in violation of the prohibition of misuse, but it cannot be inferred from this that one who resides in another’s courtyard without his knowledge must pay him rent.


###### Bava Kamma 21a:2
[Bava Kamma 21a:2](https://torahapp.org/share/book/Bava%20Kamma/r/21a:2)

שְׁלַח לֵיהּ רַבִּי אַבָּא בַּר זַבְדָּא לְמָרֵי בַּר מָר, בְּעִי מִינֵּיהּ מֵרַב הוּנָא: הַדָּר בַּחֲצַר חֲבֵירוֹ שֶׁלֹּא מִדַּעְתּוֹ, צָרִיךְ לְהַעֲלוֹת לוֹ שָׂכָר, אוֹ לָא? אַדְּהָכִי – נָח נַפְשֵׁיהּ דְּרַב הוּנָא.

**William Davidson Edition - English:**
**Rabbi Abba bar Zavda sent** a message **to Mari bar Mar** saying: **Raise** the following **dilemma before Rav Huna:** Does **one who resides in another’s courtyard without his knowledge need to pay him rent or not? In the meantime,** before he was able to respond to the question, **Rav Huna died.**


###### Bava Kamma 21a:3
[Bava Kamma 21a:3](https://torahapp.org/share/book/Bava%20Kamma/r/21a:3)

אֲמַר לֵיהּ רַבָּה בַּר רַב הוּנָא, הָכִי אָמַר אַבָּא מָרִי מִשְּׁמֵיהּ דְּרַב: אֵינוֹ צָרִיךְ לְהַעֲלוֹת לוֹ שָׂכָר, וְהַשּׂוֹכֵר בַּיִת מֵרְאוּבֵן – מַעֲלֶה שָׂכָר לְשִׁמְעוֹן. שִׁמְעוֹן מַאי עֲבִידְתֵּיהּ? הָכִי קָאָמַר: נִמְצָא הַבַּיִת שֶׁל שִׁמְעוֹן – מַעֲלֶה לוֹ שָׂכָר.

**William Davidson Edition - English:**
**Rabba, son of Rav Huna, said to him** in response to the question that was asked of his father: **So did my father, my Master, say in the name of Rav: He does not need to pay him rent. And** he also stated another *halakha*: **One who rents a house from Reuven must pay rent to Shimon.** The Gemara is puzzled: **Shimon? What does he** have to **do** with this? The Gemara explains: **This** is what he is **saying,** i.e., what he means: If it **is discovered that the house** he rented did not actually belong to Reuven but rather it was **Shimon’s,** he **must pay rent to** Shimon.


###### Bava Kamma 21a:4
[Bava Kamma 21a:4](https://torahapp.org/share/book/Bava%20Kamma/r/21a:4)

תַּרְתֵּי?! הָא – דְּקָיְימָא לְאַגְרָא, הָא – דְּלָא קָיְימָא לְאַגְרָא.

**William Davidson Edition - English:**
The Gemara questions this statement: Did Rav Huna state **two** contradictory *halakhot*? On the one hand he says that one who resides in a courtyard without the owner’s knowledge does not need to pay rent, but on the other hand he says that if it is discovered that the true owner of a rented house was someone else, and therefore the tenant was living in another’s courtyard without the owner’s knowledge, he is obligated to pay him rent. The Gemara resolves the difficulty: **This** second *halakha*, which stated that he is obligated to pay rent, is referring to a courtyard that **stands to be rented out,** while **that** *halakha*, which stated that he is not obligated to pay rent, is referring to a courtyard that **does not stand to be rented out.**


###### Bava Kamma 21a:5
[Bava Kamma 21a:5](https://torahapp.org/share/book/Bava%20Kamma/r/21a:5)

אִתְּמַר נָמֵי: אָמַר רַבִּי חִיָּיא בַּר אָבִין אָמַר רַב, וְאָמְרִי לַהּ אָמַר רַבִּי חִיָּיא בַּר אָבִין אָמַר רַב הוּנָא: הַדָּר בַּחֲצַר חֲבֵירוֹ שֶׁלֹּא מִדַּעְתּוֹ – אֵינוֹ צָרִיךְ לְהַעֲלוֹת לוֹ שָׂכָר, וְהַשּׂוֹכֵר בַּיִת מִבְּנֵי הָעִיר – מַעֲלֶה שָׂכָר לַבְּעָלִים. בְּעָלִים מַאי עֲבִידְתַּיְיהוּ? הָכִי קָאָמַר: נִמְצְאוּ לוֹ בְּעָלִים – מַעֲלִין לָהֶן שָׂכָר.

**William Davidson Edition - English:**
**It was also stated: Rabbi Ḥiyya bar Avin says** that **Rav says, and some say** that **Rabbi Ḥiyya bar Avin says** that **Rav Huna says: One who resides in another’s courtyard without his knowledge does not need to pay him rent, and one who rents a house from the residents of the city must pay rent to the owners.** The Gemara is puzzled: **Owners? What do they** have to **do** with this? The case concerns one who rents a property from the residents of the city, i.e., the house is public property. The Gemara explains: **This is** what he **said:** If it is **discovered that** the house **did have owners** and was not public property, the renters **must pay rent to** those owners.


###### Bava Kamma 21a:6
[Bava Kamma 21a:6](https://torahapp.org/share/book/Bava%20Kamma/r/21a:6)

תַּרְתֵּי?! הָא דְּקָיְימָא לְאַגְרָא, הָא דְּלָא קָיְימָא לְאַגְרָא.

**William Davidson Edition - English:**
The Gemara wonders about this: Did he state **two** contradictory *halakhot*? The Gemara answers: **This** second *halakha*, which stated that he is obligated to pay rent, is referring to a courtyard that **stands to be rented out,** while **that** *halakha*, which stated that he does not need to pay rent, is referring to a courtyard that **does not stand to be rented out.**


###### Bava Kamma 21a:7
[Bava Kamma 21a:7](https://torahapp.org/share/book/Bava%20Kamma/r/21a:7)

אָמַר רַב סְחוֹרָה אָמַר רַב הוּנָא אָמַר רַב: הַדָּר בַּחֲצַר חֲבֵירוֹ שֶׁלֹּא מִדַּעְתּוֹ – אֵין צָרִיךְ לְהַעֲלוֹת לוֹ שָׂכָר, מִשּׁוּם שֶׁנֶּאֱמַר: ״וּשְׁאִיָּה יוּכַּת שַׁעַר״. אָמַר מָר בַּר רַב אָשֵׁי: לְדִידִי חֲזֵי לֵיהּ, וּמְנַגַּח כִּי תוֹרָא. רַב יוֹסֵף אָמַר: בֵּיתָא מְיַתְּבָא – יָתֵיב.

**William Davidson Edition - English:**
**Rav Seḥora says** that **Rav Huna says** that **Rav says: One who resides in another’s courtyard without his knowledge does not need to pay him rent because it is stated:** “Desolation remains in the city, **and the gate is stricken unto ruin”** (Isaiah 24:12), i.e., a house that is not lived in will collapse at some point due to neglect. Consequently, one who lives inside an otherwise uninhabited house is providing a service to the homeowner, as he maintains the house and prevents it from falling apart. **Mar bar Rav Ashi said: I saw this** ruin **and it gores like an ox,** i.e., it is devastating. **Rav Yosef stated** a similar idea: **A home that is lived in is settled** and safeguarded, while a home that is not lived in has no one to look after it and maintain it.


###### Bava Kamma 21a:8
[Bava Kamma 21a:8](https://torahapp.org/share/book/Bava%20Kamma/r/21a:8)

מַאי בֵּינַיְיהוּ? אִיכָּא בֵּינַיְיהוּ – דְּקָא מִשְׁתַּמַּשׁ בֵּיהּ בְּצִיבֵי וְתִיבְנָא.

**William Davidson Edition - English:**
The Gemara asks: **What is** the difference **between** what Rav said and what Rav Yosef said? The Gemara answers: The difference **between them** is with regard to a house that the homeowner **uses** to store **wood and straw.** The house is not empty and desolate but there is nobody living in it. According to Rav Yosef’s reasoning, a squatter there would not have to pay rent to the homeowner.


###### Bava Kamma 21a:9
[Bava Kamma 21a:9](https://torahapp.org/share/book/Bava%20Kamma/r/21a:9)

הָהוּא גַּבְרָא דִּבְנָה אַפַּדְנָא אַקִּילְקַלְתָּא דְיַתְמֵי. אַגְבְּיֵהּ רַב נַחְמָן לְאַפַּדְנֵיהּ מִינֵּיהּ. לֵימָא קָסָבַר רַב נַחְמָן: הַדָּר בַּחֲצַר חֲבֵירוֹ שֶׁלֹּא מִדַּעְתּוֹ, צָרִיךְ לְהַעֲלוֹת לוֹ שָׂכָר? הָהוּא – מֵעִיקָּרָא קַרְמְנָאֵי הֲווֹ דָּיְירִי בֵּיהּ, וְיָהֲבִי לְהוּ לְיַתְמֵי דָּבָר מוּעָט. אֲמַר לֵיהּ: זִיל פַּיְּיסִינְהוּ לְיַתְמֵי, וְלָא אַשְׁגַּח. אַגְבְּיֵהּ רַב נַחְמָן לְאַפַּדְנֵיהּ מִינֵּיהּ.

**William Davidson Edition - English:**
The Gemara relates: There was **a certain man who built a mansion [*apadna*] on a garbage heap [*akilkalta*] belonging to orphans,** and **Rav Naḥman confiscated his mansion from him** as he did not pay the owners of the property. The Gemara asks: **Shall we say** that **Rav Naḥman holds** that **one who resides in another’s courtyard without his knowledge must pay him rent?** The Gemara rejects this: No, there is no proof taken from this case, because it was a unique situation. **In that** case **Carmanians,** nomadic tribes, **were initially living on** the property, **and they would pay the orphans a small amount** for the use of the land, and when this man built his mansion he removed the Carmanians from there. Rav Naḥman had **said to** the man who built the mansion: **Go and appease the orphans** with regard to their lost income, **but he did not pay attention** to the ruling. Therefore, **Rav Naḥman confiscated his mansion from him.**


###### Bava Kamma 21a:10
[Bava Kamma 21a:10](https://torahapp.org/share/book/Bava%20Kamma/r/21a:10)

כֵּיצַד מְשַׁלֶּמֶת מַה שֶּׁנֶּהֱנֵית וְכוּ׳. אָמַר רַב: וּבְמַחְזֶרֶת. וּשְׁמוּאֵל אָמַר: אֲפִילּוּ מַחְזֶרֶת נָמֵי פָּטוּר.

**William Davidson Edition - English:**
§ The mishna teaches: Under **what** circumstances does the owner of the animal **pay** for **the benefit that** his animal **derived?** If the animal ate produce in the public square in the area before the storefronts, the owner of the animal pays for the food from which it benefits. If the animal ate from food placed at the side of the public square, which is not a public thoroughfare, the owner of the animal pays for what it damaged, as the legal status of that area is like that of the property of the injured party. **Rav said:** When the mishna says that the owner of the animal pays for what it damaged, it is referring to a case **where** the animal **turns** its head to reach the food but the animal itself is standing completely inside the public domain and it eats while standing there. **And Shmuel said: Even if** it is standing in the public domain and it **turns** its head to eat from food placed at the side of the public square, its owner is **also exempt,** as the animal itself is in the public domain.


###### Bava Kamma 21a:11
[Bava Kamma 21a:11](https://torahapp.org/share/book/Bava%20Kamma/r/21a:11)

וְלִשְׁמוּאֵל – הֵיכִי מַשְׁכַּחַתְּ לַהּ דִּמְחַיֵּיב? כְּגוֹן דִּשְׁבַקְתַּהּ לִרְחָבָה, וַאֲזַלָה וְקָמָה בְּצִידֵּי רְחָבָה.

**William Davidson Edition - English:**
The Gemara asks: **But according to** the opinion of **Shmuel, how can you find** a case in which the owner is **liable** to pay for all of the damage caused when his animal ate from food placed at the side of the public square, as indicated by the mishna? The Gemara answers: **For example,** when an animal **leaves the** public **square and goes and stands at the side of the** public **square,** and eats the food stored there. In that case its owner certainly pays for what it damaged, as this area is comparable to the property of the injured party.


###### Bava Kamma 21a:12
[Bava Kamma 21a:12](https://torahapp.org/share/book/Bava%20Kamma/r/21a:12)

וְאִיכָּא דְּמַתְנֵי לְהָא שְׁמַעְתָּא בְּאַפֵּי נַפְשָׁהּ: מַחְזֶרֶת – רַב אָמַר: חַיֶּיבֶת, וּשְׁמוּאֵל אָמַר: פְּטוּרָה. וְלִשְׁמוּאֵל, ״מְשַׁלֶּמֶת מַה שֶּׁהִזִּיקָה״ הֵיכִי מַשְׁכַּחַתְּ לַהּ דִּמְחַיְּיבָא? כְּגוֹן דִּשְׁבַקָה לִרְחָבָה, וַאֲזַלָה וְקָמָה בְּצִידֵּי רְחָבָה.

**William Davidson Edition - English:**
**And there are those who teach this *halakha*** as **an independent** dispute and not as an explanation of the mishna: If an animal is standing in the public domain and **turns** its head to eat from food placed at the side of the public square, **Rav says:** Its owner is **liable, and Shmuel says:** Its owner is **exempt.** The Sages asked: **But according to** the opinion of **Shmuel,** with regard to that which was said in the **mishna, that its owner pays for what it damaged, how can you find a case in which its owner will be liable?** The Gemara answers: **For example,** when an animal **leaves the** public **square and goes and stands at the side of the** public **square,** and eats the food stored there.


###### Bava Kamma 21a:13
[Bava Kamma 21a:13](https://torahapp.org/share/book/Bava%20Kamma/r/21a:13)

מֵתִיב רַב נַחְמָן בַּר יִצְחָק: מִפֶּתַח הַחֲנוּת – מְשַׁלֶּמֶת מַה שֶּׁנֶּהֱנֵית. הֵיכִי מַשְׁכַּחַתְּ לַהּ – פְּשִׁיטָא בְּמַחְזֶרֶת; וְקָאָמַר (מָר) ״מַה שֶּׁנֶּהֱנֵית״, מַה שֶּׁנֶּהֱנֵית – אִין, מַה שֶּׁהִזִּיקָה – לָא!

**William Davidson Edition - English:**
**Rav Naḥman bar Yitzḥak raises an objection** to this explanation of Rav’s opinion: The mishna says that if the animal ate produce **from the entrance of the store,** its owner **pays** for **the benefit that** the animal **derived,** as the status of a store entrance is like that of the public domain. **How can you find these** circumstances? It is **obvious** that the discussion in this case concerns an animal that **turns** its head from the public domain to the entrance of the store, **and** the Master **says** that the owner of the animal **pays** for **the benefit that** the animal **derived.** Evidently, for **the benefit that** the animal **derived, yes,** this is what the owner pays, but he does **not** pay for that **which it damaged.**


###### Bava Kamma 21a:14
[Bava Kamma 21a:14](https://torahapp.org/share/book/Bava%20Kamma/r/21a:14)

הוּא מוֹתֵיב לַהּ וְהוּא מְפָרֵק לַהּ: דְּקַיְימָא בְּקֶרֶן זָוִית.

**William Davidson Edition - English:**
Rav Naḥman bar Yitzḥak **raised the objection, and he resolved it** by explaining that the case in the mishna is one where a store **is located on a corner** and it is situated in a way that some of the produce there would be in an animal’s path as it turns the corner, and therefore the animal would not need to turn its head away from the public domain in order to eat the produce.


###### Bava Kamma 21a:15
[Bava Kamma 21a:15](https://torahapp.org/share/book/Bava%20Kamma/r/21a:15)

אִיכָּא דְּאָמְרִי: מַחְזֶרֶת – כּוּלֵּי עָלְמָא לָא פְּלִיגִי דְּחַיֶּיבֶת. כִּי פְּלִיגִי, בְּמַקְצֶה מָקוֹם מֵרְשׁוּתוֹ לִרְשׁוּת הָרַבִּים.

**William Davidson Edition - English:**
**There are** those **who state** a different explanation of the dispute between Rav and Shmuel. In a case **where it turns** its head to eat from the sides of the public square, **everyone agrees that** its owner is **liable** to pay the full cost of the damage. **When they disagree** it is with regard to a case **where one allocates space from his property,** as he does not have a use for it, and he adds this space **to the public domain** by leaving it accessible for the public to use, and the damage took place in that area. The dispute is about whether the area is categorized as private property or the public domain.


###### Bava Kamma 21a:16
[Bava Kamma 21a:16](https://torahapp.org/share/book/Bava%20Kamma/r/21a:16)

וְהָכִי אִתְּמַר, אָמַר רַב: לֹא שָׁנוּ אֶלָּא מַחְזֶרֶת, אֲבָל מַקְצֶה מָקוֹם מֵרְשׁוּתוֹ לִרְשׁוּת הָרַבִּים – פְּטוּרָה. וּשְׁמוּאֵל אָמַר: אֲפִילּוּ מַקְצֶה מָקוֹם מֵרְשׁוּתוֹ לִרְשׁוּת הָרַבִּים – חַיֶּיבֶת.

**William Davidson Edition - English:**
**And this is what was stated,** meaning this was their dispute: **Rav says** that in the mishna, **they taught** that one is liable **only** in a case where his animal **turns** its head to the sides of the public square, as this area is categorized as private property, **but if one allocated some space from his property** and added it **to the public domain** and the damage happened there, the owner is **exempt,** as that area is treated as part of the public domain. **And Shmuel says: Even if he allocates space from his property** and adds it **to the public domain,** the owner of the animal is **liable** as the damage took place in an area with the legal status of private property.


###### Bava Kamma 21a:17
[Bava Kamma 21a:17](https://torahapp.org/share/book/Bava%20Kamma/r/21a:17)

לֵימָא בְּבוֹר בִּרְשׁוּתוֹ קָמִפַּלְגִי – רַב דְּאָמַר פָּטוּר, קָסָבַר: בּוֹר בִּרְשׁוּתוֹ – חַיָּיב.

**William Davidson Edition - English:**
The Gemara suggests: **Shall we say they disagree with regard to** the question of damage classified as **Pit** that one dug **inside one’s** own **domain** and then declared the area ownerless? **Rav, who says** that the owner of the animal is **exempt** for eating the produce placed in an area that the owner added to the public domain, **holds** that if one digs **a pit** or creates an obstacle that can cause damage **within his** own **property** and he then declares his property to be ownerless, he is **liable** for any damage that is caused by the pit, as now that it is in the public domain, he bears the responsibility for it. Similarly, the produce is viewed as if it is in the public domain, and the animal’s owner is exempt.


###### Bava Kamma 21a:18
[Bava Kamma 21a:18](https://torahapp.org/share/book/Bava%20Kamma/r/21a:18)

וּשְׁמוּאֵל דְּאָמַר חַיָּיב, קָסָבַר: בּוֹר בִּרְשׁוּתוֹ – פָּטוּר?

**William Davidson Edition - English:**
**And Shmuel, who says** that the owner of an animal is **liable** for eating the produce placed in an area that the owner added to the public domain, **holds** that if one digs **a pit within his** own **property** and he then declares his property to be ownerless, he is **exempt,** as he dug the pit when the property was his. Similarly, the produce is viewed as if it is in the property of the injured party, and the animal’s owner is liable.


###### Bava Kamma 21a:19
[Bava Kamma 21a:19](https://torahapp.org/share/book/Bava%20Kamma/r/21a:19)

אָמַר לְךָ רַב, לְעוֹלָם אֵימָא לָךְ:

**William Davidson Edition - English:**
The Gemara rejects this: **Rav** could have **said to you: Actually, I will say to you**