- שלמים שהזיקו גובה מבשרן ואינו גובה מאימוריהן
Rebbe Abba said: שלמים שהזיקו – If a shelamim animal which is a tam damages, גובה מבשרן – he may collect half-damages from its meat which the owner normally eats, ואינו גובה מאימוריהן – but cannot collect from its emurim (the parts sacrificed on the mizbeiach). Although this seems obvious, since emurim are brought on the mizbeiach, Rebbe Abba meant that he cannot even collect from the meat corresponding to the value of the emurim which cannot be collected, and only collects half of the meat. The Gemara explains how this ruling fits into a machlokes where one person’s ox (a tam) pushed an animal into a pit and it died, where the ox’s owner only pays a quarter (half of its half-damages). According to the Rabbonon, who hold the pit’s owner does not pay more than half, one could still have thought that here, he collects from the meat whatever he cannot collect from the emurim, since it is all one body. According to Rebbe Nassan, who holds the pit’s owner pays whatever cannot be collected from the ox’s owner, that is specific to a pit, which completes the damage, but agrees that where two components damage equally, one does not substitute the other’s payment.
- נכסים המיוחדין: an animal of hefker which damaged
The Mishnah on Daf 9b taught that damage payments only apply to נכסים המיוחדין – privately owned properties, and three interpretations are given. (1) Rav Yehudah says it excludes a case where it is unclear whose animal inflicted the damage, where each owner can say it was the other person’s animal and is exempt. (2) A Baraisa explains: פרט לנכסי הפקר – the Mishnah is excluding ownerless properties. The Gemara explains the case is where an ownerless animal damaged an owned one, and someone else acquired it. The damaged party has no claim to the animal which was unowned at the time of damage. (3) Ravina says it excludes: נגח ואח"כ הקדיש – where an animal gored and [its owner] was later makdish it, נגח ואח"כ הפקיר – or it gored and [its owner] later declared it hefker. Although it was owned at the time of damage, the damaged party cannot collect from it, because a derashah teaches: עד שתהא מיתה והעמדה בדין וגמר דין שוין כאחד – an animal is not killed for killing a person unless the killing of the victim, the standing in court, and the verdict are all the same, i.e., without a change in its ownership.
- If a jointly owned chatzeir is exempt from shein and regel
The Mishnah on Daf 9b mentioned a רשות הניזק והמזיק – domain belonging to both the damaged party and the damaging party but is unclear if it is part of the previous exemptions from payment, or the beginning of the following clause obligating payment. Rav Chisda says: חצר השותפין – In a chatzeir owned by partners, חייב בה על השן ועל הרגל – [the Torah] obligated paying for shein and regel damages. He considers such a field as “the field of another,” which is where the Torah obligates paying for shein and regel, and it is not like a public domain. Rebbe Elazar said that shein and regel are exempt in a jointly owned chatzeir, and it is not considered “the field of another” (since the damager’s owner also owns the field). According to Rav Chisda, the next clause of the Mishnah, כשהזיק חב המזיק – when it does damage, the damager is obligated, completes this phrase obligating shein and regel in a jointly owned chatzeir. According to Rebbe Elazar, it is an independent clause, and the Gemara explains it either comes to include keren, or to teach that if a borrowed ox damaged the borrower’s own ox, the lender must pay for the damages (where the borrower did not accept to watch it from inflicting damage).
