Babylonian Talmud: Tractate Baba Kamma

Folio 100a

the source of their livelihood;¹  the way means deeds of lovingkindness; they must walk means the visitation of the sick; wherein means burial, and the work means the law; which they must do means within the margin of the judgment.'²  Resh Lakish showed a denar to R. Eleazar who told him that it was good. He said to him: You see that I rely upon you. He replied: Suppose you do rely on me, what of it? Do you think that if it is found bad I would have to exchange it [for a good one]? Did not you yourself state that it was [only] R. Meir who adjudicates liability in an action for damage done indirectly,³  which apparently means that it was only R. Meir who maintained so whereas we did not hold in accordance with his view? — But he said to him: No; R. Meir maintained so and we hold with him. But to what [statement of] R. Meir [was the reference]? It could hardly be the one of R. Meir which we learned: If a judge in giving judgment [in a certain case] has declared innocent the person who was really liable or made liable a person who was really innocent, declared defiled a thing which was levitically clean, or declared clean a thing which was really defiled,⁴  his decision would stand, but he would have to make reparation out of his own estate,⁵  for was it not taught in connection with this that R. Elai said that Rab stated⁶  that [this would be so] only where he personally executed the judgment by his own hand?⁷  The reference therefore appears to be the one of R. Meir which we learned: [If wool was handed over to a dyer] to dye it red but he dyed it black, or to dye it black and he dyed it red, R. Meir says that he would have to pay [the owner] for the value of his wool.⁸  But did he not in that case also spoil it with his own hands?⁹  The reference must therefore be to the one of R. Meir which we learned: He who with [the branches of] his vine covers the crops of his fellow renders them proscribed¹⁰  and will be liable for damages.¹¹  But there also did he not do the mischief with his own hands? The reference must therefore be to the one of R. Meir which was taught: 'If the fence of a vineyard [near a field of crops] is broken through,

1. Either the means of an honest livelihood, as explained by Rashi on B.M. 30b or the study of the living law, as interpreted by Rashi a.l.
2. B.M. 30b.
3. Supra 98b.
4. And it so happened that that thing was consequently mixed with clean things and this spoiled them all; v. Sanh. (Sonc. ed.) p. 210, nn. 6-8.
5. Bk. IV, 4.
6. Bek. 28b.
7. I.e., where he acted both as judge and executive officer, in which case the damage was directly committed by him personally.
8. V. next Mishnah.
9. By dyeing it the wrong colour.
10. In accordance with Deut. XXII, 9.
11. Kil. VII, 4.

[the owner of the crops] may request [the owner of the vineyard] to repair it;¹  so also if it is broken through again he may similarly request him to repair it. But if the owner of the vineyard abandons it altogether and does not repair it he would render the produce proscribed and would incur full responsibility.²

MISHNAH. IF WOOL WAS GIVEN TO A DYER AND THE DYE³  BURNT IT, HE WOULD HAVE TO PAY THE OWNER THE VALUE OF HIS WOOL. BUT IF HE DYED IT KA'UR,⁴  THEN IF THE INCREASE IN VALUE⁵  IS GREATER THAN HIS OUTLAY THE OWNER WOULD GIVE HIM ONLY THE OUTLAY, WHEREAS IF THE OUTLAY⁶  WAS GREATER THAN THE INCREASE IN VALUE HE WOULD HAVE TO PAY HIM THE AMOUNT OF THE INCREASE, [WHERE WOOL WAS HANDED TO A DYER] TO DYE RED AND HE DYED IT BLACK, OR TO DYE BLACK AND HE DYED IT RED, R. MEIR SAYS THAT HE WOULD HAVE TO PAY [THE OWNER] FOR THE VALUE OF HIS WOOL. R. JUDAH, HOWEVER, SAYS: IF THE INCREASE IN VALUE⁷  IS GREATER THAN THE OUTLAY, THE OWNER WOULD PAY THE DYER HIS OUTLAY, WHEREAS IF THE OUTLAY EXCEEDED THE INCREASE IN VALUE HE WOULD HAVE TO PAY HIM NO MORE THAN THE INCREASE.⁸

GEMARA. What does KA'UR mean? — R. Nahman said that Rabbah b. Bar Hanah stated: It means that the 'copper'⁹  dyed it. What is meant by saying that the 'copper' dyed it? — Said Rabbah b. Samuel:

1. For otherwise he would have to remove his vines four cubits from the border; cf. B.B. 26a.
2. V. B.B. (Sonc. ed.) p. 2 and notes.
3. Lit., 'The cauldron', 'the dyer's kettle'.
4. Explained in the Gemara.
5. Resulting from the work done by him.
6. Incurred by the dyer.
7. V. p. 585, n. 11.
8. V. supra 95a-b.
9. [G]