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A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Bava Kama 2A - 2B (13th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
June 6, 2009
Duration
31:25

This transcript was auto-generated and polished for readability. While we aim for accuracy, errors may occur. If you notice a mistake, please click to submit corrections.

All right, my friends. With the help of Heaven and with good fortune, we begin a new order of the Mishnah: the order of Nezikin, which follows the order of Nashim. Nezikin begins with Bava Kamma, followed by Bava Metzia and Bava Batra. In the Jerusalem Talmud, these are all treated as one tractate, Bava. The Babylonian Talmud divided it into the first gate, the middle gate, and the last gate.

The first of these gates discusses damages: a person’s property damages someone else’s property. The Rambam writes in his commentary on the Mishnah that this is the first matter a court must establish in order to maintain an orderly society and ensure that people respect one another. If people damage one another’s property without any concern, one has created a society without order. The first tractate, therefore, is Bava Kamma, which discusses objects belonging to a person that cause damage to others.

This is precisely how the Mishnah begins: “There are four primary categories of damages.” These are four primary forms of damage—again, things belonging to a person that can cause damage. They are called primary categories, not in the sense of the patriarchs, but in the same sense as the primary categories of labor in the tractate of Shabbat. They are the principal categories.

Why are they called primary categories? What makes something primary rather than secondary? Rashi explains that they are the categories “that are written explicitly in the verse.” If you open the portion of Mishpatim in the Torah, you will see that these four forms of damage are written explicitly. This does not mean that there are no other forms of damage. There are many more. The Mishnah chose the four that are actually written in the Torah, and it lists them in the order in which the Torah presents them.

The Torah first discusses an ox, then a pit, and afterward what we will see are grazing and fire. The Mishnah therefore says: “The ox, the pit, the grazing animal, and the fire.”

What is meant by an ox? That is not so simple. “Ox” might refer to goring, since an ox gores with its horns. It might also refer to what will ultimately be the Gemara’s conclusion: the category of the foot. The animal walks along, kicks stones or other objects, and causes damage. That interpretation will come later in the Gemara, so we will wait for it.

The ox is listed first because that is the order of the Torah. The Torah’s portion is called the portion of the ox. The pit is a pit, but once again, the Gemara will have to explain the precise case. Is the pit in a private domain or in a public domain? How deep must it be? Who owns it? Those questions will be addressed later. For now, the pit is the second category of damage.

The next category is grazing. Rashi says that we should wait before deciding exactly what this means. It may refer to the animal’s teeth: an animal goes and eats someone else’s fruit. The final category, which is obvious, is fire, as the verse says, “If a fire goes forth.” These, then, are the four primary categories of damages: the ox, the pit, grazing, and fire. Supposedly, these are the only four forms of damage written in the Torah.

If you were writing the Mishnah, you might have written, “There are four primary categories of damages.” In many Mishnayot, when something is counted, the word “they are” is added. This is Tosafot’s question at the beginning: why does the Mishnah here omit that word? Tosafot initially answers that it can go either way. Sometimes Mishnayot use the word, and sometimes they do not. But Tosafot has not yet explained why this Mishnah specifically omits it. To understand that, we have to read a little further.

The Mishnah continues: “The ox is not like the grazing animal, and the grazing animal is not like the ox.” Our assumption is always that the Torah writes in the most economical possible way. If the Torah could write one category of damage and allow us to derive all the others from it, it would write only that one. The Torah does not write anything extra.

It would therefore be ideal if the Torah could write only “ox,” and we could derive everything else from the ox without the Torah having to mention the other categories. But the Mishnah begins by saying that the ox is not like the grazing animal. This means that the ox has a stringency that the grazing animal does not have. Because of this unique feature, we cannot derive the grazing animal from the ox. If the Torah had written only “ox,” we would not have known the law of grazing, because grazing has something unique to itself.

That is why the Torah had to write the grazing animal as well. This also explains why the Mishnah first compares the ox with the grazing animal rather than following the order of the Torah and saying, “The ox is not like the pit.” You just told me that the Torah lists the categories in the order of ox, pit, grazing, and fire. Why, then, did the Mishnah change the order?

The answer is that the Mishnah wanted to continue building its argument. First, perhaps one category cannot teach us all the others. Then perhaps two categories together could teach us the rest. Then perhaps three could teach us the fourth. The Mishnah is constructed as a progression. It had to be written in this order to show that the categories cannot be derived from one another, even in combination.

A pit has no life, whereas both the ox and the grazing animal have life. The point is that even though the ox and the grazing animal are similar in that both are living creatures, we still cannot derive one from the other. The Gemara will eventually explain the unique feature of each, but at this stage we do not yet know what the ox has that the grazing animal does not. For some reason, if the Torah had written only “ox,” we would not have known the law of grazing, even though both involve the same animal.

Perhaps the distinction is that if an animal damages through the category of the foot, that tells us nothing about whether one is liable for damage through eating. The foot is unique, and therefore we might have said that only the foot creates liability, but not eating. The Gemara then proceeds in the other direction: the grazing animal has something that the ox does not. Therefore, if the Torah had written only grazing, we would not have known the law of the ox. Grazing must have a stringency that the ox does not, so both categories had to be written.

Thus, the ox had to be written because it cannot teach us grazing, and grazing had to be written because it cannot teach us the ox. The Mishnah then says that one cannot derive one from the other even when they are combined. What does “one from the other” refer to? It refers to the ox and the grazing animal, both of which possess life.

If the Torah had written only the ox and the grazing animal, we might have said that these categories have life and therefore must be guarded. Since they are living creatures, it is obvious that a person must watch them. But we would not have learned the law of fire, because fire has no life. We might have said that a person is responsible to guard animals, which are living, but is not responsible to guard fire.

That is why the Torah had to write fire as well. The ox and the grazing animal have life; fire does not. The Mishnah therefore teaches that even the two categories that possess life cannot teach us the category of fire.

Then we take three categories. What do the ox, the pit, and the grazing animal have in common? Or, alternatively, what do the ox, the grazing animal, and the fire have in common? These are active forms of damage. An animal walking in the street kicks. An animal in a field eats. Fire spreads and goes forth. One might therefore say that an active source of damage must be guarded, whereas a pit is stationary.

A pit remains in its place. A person has to come to the pit, whereas the ox goes out and damages, the grazing animal goes out and damages, and fire moves and damages. One might therefore have thought that a moving source of damage requires guarding, but a stationary pit does not. The Mishnah has to include the pit as well.

Therefore, one category cannot be derived from another; two categories cannot teach the remaining categories; and even three categories cannot teach the fourth. The Mishnah indicates that all four had to be written explicitly.

What do these four categories have in common? They are all ordinary ways in which damage occurs. It is the nature of an animal to kick, and it is the nature of an animal to bite or eat. It is a normal possibility for a person to fall into a pit, and it is the nature of fire to spread. Their common denominator is that a person is obligated to guard these things. If he fails to guard them and they cause damage, he is liable.

Whenever the Mishnah asks what these categories have in common, it is presumably trying to include additional cases. The Mishnah is now formulating a general principle: all four sources can go forth and cause damage, and a person is responsible for them. Once the principle has been established, additional examples can be included in the Mishnah. The Gemara will later tell us what those additional examples are.

The Mishnah concludes that when a person’s property causes damage in one of these four ways, the person must pay from the finest of his land. Notice that the Mishnah does not discuss a person who damages directly. It discusses only a person’s property, not the person himself. All four categories are a person’s property; they are not the person himself. The grazing category, whatever its precise definition, is also an object belonging to a person.

The ruling at the end of the Mishnah is that if the person or, more precisely, his property causes damage in one of these ways, he must pay from the finest land. There are three grades of land: inferior land, which is the least valuable; intermediate land; and superior land, the finest. The Mishnah says that payment is made from the finest land.

If a person wants to pay in cash, there is obviously nothing better than cash. But if payment is made through real estate, the person cannot give the damaged party an inferior field. He must give him a first-rate field. That is the basic structure of the Mishnah.

Once we understand the Mishnah, we can answer Tosafot’s original question: why does the Mishnah not say, “There are four primary categories of damages”? Tosafot explains that the entire opening is meant to be read as one continuous sentence: “There are four primary categories of damages—the ox, the pit, the grazing animal, and the fire—which are not like one another.”

The purpose is not necessarily to tell us that there are four categories. The Torah already tells us that. The purpose of the Mishnah is to teach that each of the four is distinct from the others, and that all four had to be written explicitly in the Torah because one cannot be derived from another.

Tosafot says that when the Mishnah counts four New Year days elsewhere, it is introducing information that is not explicitly stated in the Torah. The Mishnah must then say, “There are four.” For example, the Torah does not explicitly state that there are four New Year days, so the Mishnah has to tell us that. But here, the Torah itself presents the four categories of damage. Anyone can go to the portion of Mishpatim and learn that there are four.

Therefore, the Mishnah does not need to say, “There are four primary categories of damages.” Its purpose is to say that the categories cannot be derived from one another. If the Torah had written only one, we would not have known the second; if it had written two, we would not have known the third; and if it had written three, we would not have known the fourth. That is why the word “they are” is intentionally omitted.

Now we can begin the Gemara. The Gemara is bothered by the word “primary.” Once the Mishnah says “primary categories,” it implies that there are secondary categories. If there is a primary category, there must be a secondary category. The question is: how are the secondary categories treated? Are they like the primary categories, or are they not like them? Perhaps the secondary categories do not have the same stringency as the primary categories; or perhaps they do.

To answer this, the Gemara leaves Bava Kamma temporarily and looks for other cases in which the Torah speaks of primary and secondary categories. The most obvious example is Shabbat. The Mishnah says that there are thirty-nine primary categories of labor. If the Mishnah says “primary categories,” that implies the existence of secondary categories.

In the case of Shabbat, the secondary categories are like the primary categories. The punishment is the same. If a person performs a primary category of labor inadvertently, he is liable to bring a sin offering. If he performs a secondary category inadvertently, he is also liable to bring a sin offering. If he performs a primary category intentionally, he receives the punishment associated with intentional desecration of Shabbat, and if he performs a secondary category intentionally, he receives the same punishment.

This is the classic example of secondary categories being like the primary categories. The only question is why they are called secondary categories at all if their practical status is the same.

The Gemara asks what practical difference there is between a primary and a secondary category. The answer is that if a person performs two primary categories during one period of unawareness—for example, two different primary labors—he is liable for each one. Similarly, if he performs two secondary categories belonging to different primary categories, he is liable for each one.

But if he performs a primary category and its associated secondary category during the same period of unawareness, he is liable for only one offering. That is the practical difference. The punishment is otherwise the same, but the classification matters when a person performs a primary category and its secondary category together.

The Gemara in Shabbat derives this law from verses. It then raises a difficulty according to Rabbi Eliezer, who maintains that a person is liable for both a primary category and its secondary category. According to Rabbi Eliezer, if the person performed the primary category and its secondary category, he is liable twice. If so, why call one a primary category and the other a secondary category? What is the reason for distinguishing between them?

The Gemara answers: an act that was significant in the construction of the Tabernacle is called a primary category; an act that was not significant in the construction of the Tabernacle is called a secondary category.

A superficial reading would suggest that whatever was done in the Tabernacle is significant and is therefore called a primary category, while whatever was not done in the Tabernacle is a secondary category. But Tosafot examines this carefully. The important factor is not necessarily whether the act took place in the Tabernacle, but whether the act was considered significant.

This is why Tosafot begins by saying, “Our version reads as follows.” Whenever Tosafot says that, it indicates that different textual versions were available. If there were only one version, there would be no need to tell us that it was the correct one. Tosafot had at least two versions before him and was identifying the version he considered accurate.

According to the version we have, the text says that an act performed in the Tabernacle and considered significant is called a primary category. An act performed in the Tabernacle but not considered significant is called a secondary category. Tosafot understands that the decisive factor is significance. The Tabernacle is mentioned as an indication of significance, but the essential criterion is whether the labor was significant.

Tosafot gives an example. In the Tabernacle, people carried beams from the ground to the wagons and from one wagon to another. That involved transferring an object from one domain through an intermediate area. Yet that act is considered a secondary category, even though it occurred in the construction of the Tabernacle, because it was not itself considered significant.

Thus, according to Tosafot, the main factor that makes a labor a primary category is that it is a significant labor. If it is not significant, it is called a secondary category. There are, of course, rules defining what makes a labor significant, but the basic distinction is between significant and non-significant labor.

The question is why the Gemara mentions the Tabernacle at all. If significance is the real criterion, it could have said simply: an act that is significant is called a primary category, and an act that is not significant is called a secondary category.

The Maharam explains that this is itself the point of the Gemara. Even if something occurred in the Tabernacle, that does not automatically make it a primary category. It must also have been significant. The Gemara mentions the Tabernacle to emphasize that the mere fact that an act was performed there is not sufficient.

There is another possible explanation. Perhaps something that is not considered significant today was significant at the time of the Tabernacle. Since it was significant during the construction of the Tabernacle, it is classified as a primary category. In that sense, the mention of the Tabernacle remains important.

This is the Maharam’s interpretation of Tosafot. In order to understand Tosafot correctly, we must remember that the central point is the significance of the labor. The reference to the Tabernacle teaches that even an act done in the Tabernacle must be evaluated according to its significance.

Tosafot then presents another textual version. According to this second version, in order to be classified as a primary category, an act must satisfy two conditions: it must have been performed in the Tabernacle and it must have been significant. An act that was not performed in the Tabernacle and was not significant is called a secondary category.

The two versions create a significant difference. According to the first version of Tosafot, an act does not necessarily have to have been performed in the Tabernacle to be a primary category; it needs to be significant. According to the second version, it must have been performed in the Tabernacle and must also have been significant.

When we return to the tractate of Shabbat, we will have to remember that this is a dispute between the two versions of Tosafot concerning how a primary category is classified. According to the first version, the act need not have taken place in the Tabernacle, provided that it is significant. According to the second version, it must have taken place in the Tabernacle and must have been significant.

For now, we have solved nothing in Bava Kamma, but we have clarified something in Shabbat. In Shabbat, the secondary categories are like the primary categories: an inadvertent violation carries the same liability, and an intentional violation carries the same punishment. The practical distinction is the number of offerings required when a primary category and its secondary category are performed together.

The Gemara now gives another example: ritual impurity. The Mishnah discusses primary sources of impurity. Certain objects are called primary sources of impurity, including a creeping creature, a seminal emission, and a corpse. The corpse itself is considered an especially severe primary source of impurity, but these are all primary sources in relation to the forms of impurity that they generate.

What do these primary sources do? A primary source of impurity can defile a person and vessels. The secondary forms of impurity, however, are not like the primary source. For example, a first-degree source of impurity does not defile a person and vessels in the same way. It can defile food and drink, but it does not have the same capacity to transmit impurity further.

This is a classic case in which the secondary categories are not like the primary category. The primary source can defile a person and vessels, while the secondary form cannot defile those same objects.

The Tosafot raises a difficulty. It is not entirely accurate to say that, in the laws of impurity, the secondary categories are never like the primary categories. We learned in the tractate of Nazir the principle that a metal object that kills a person has the same status as the corpse itself. The metal weapon that killed the person is treated like the corpse.

If so, there is a case in the laws of impurity where a secondary category is like the primary category. The weapon is a secondary result of the corpse, yet it has the same status as the corpse. How, then, can the Gemara use impurity as an example of secondary categories that are not like the primary categories?

Tosafot answers that the metal object is not entirely like the corpse. The corpse itself can transmit impurity to a person and to vessels. The weapon, although it is treated as having the status of the corpse, cannot transmit impurity in precisely the same manner. It cannot make another metal object have the same status. The corpse can generate a primary source of impurity, whereas the weapon cannot generate another equivalent source.

Therefore, the weapon is not completely like the corpse. There remains a distinction between the primary source and the secondary result. The principle that the secondary category is not like the primary category therefore remains valid.

The Gemara has now established three examples. In Shabbat, the secondary categories are like the primary categories. In ritual impurity, the secondary categories are not like the primary category. What is the status of the secondary categories in Bava Kamma?

Rav Pappa answers that one cannot establish a single rule. Sometimes the secondary category is like the primary category, and sometimes it is not. The answer depends on the particular category and the particular secondary case.

The Gemara does not yet tell us which cases are like the primary category and which are not. It brings a baraita to begin clarifying the primary and secondary categories of the ox. There are three primary categories that emerge from the ox: the horn, the tooth, and the foot.

An ox can cause damage in many ways. It can gore with its horns, which is the category of the horn. It can eat, which is the category of the tooth. And it can damage as it walks, by kicking stones or objects in the street, which is the category of the foot.

The Gemara now asks how we know that the ox includes the horn, the tooth, and the foot. Each one must be demonstrated from verses. We begin with the horn. The usual phrase introducing such a question is, “From where do we know this?” The answer must be found in the Torah.

The verse says, “When an ox gores a person.” The first usage of the word “gore” refers to goring with the horns. How do we know that this word refers to horns? We learn it from another verse, where King Zedekiah made horns of iron and said, “With these you shall gore Aram.” There, goring clearly refers to using horns.

One might ask why we need to go all the way to the Book of Kings to interpret the word. We have a word in the Torah, and we want to know what it means. We find the same word in the Book of Kings, where it is associated with horns, and we use that verse to understand the Torah’s language.

The Gemara then brings another verse from the Torah: “The firstborn of his ox, majesty is his; and his horns are the horns of a wild ox; with them he shall gore the nations.” This verse explicitly mentions horns and goring.

Why do we need both verses? The first verse, about Zedekiah’s iron horns, is from the Prophets. We are not generally allowed to derive a Torah law from the words of the Prophets. The principle is that words of Torah are not derived from words of the Prophets.

One might respond that we are not deriving a law from the verse in the Book of Kings. We are only using it as a dictionary to understand the meaning of a word in the Torah. We are not learning one of the commandments from the Prophets; we are clarifying what the word “gore” means. Perhaps that is permitted.

Nevertheless, the Gemara brings the second verse from the Torah to establish the matter directly. The verse in the Torah teaches both that the ox is associated with the horn and that goring refers to the use of horns.

There is an additional point. The laws of goring are different from the other laws of damage. Ordinarily, when an object causes damage, the owner pays the full amount of the damage. But when an ox damages with its horns, there is a distinction between the first three incidents and subsequent incidents.

During the first three incidents, the ox is called an innocuous ox. We do not yet regard it as an animal that has been established as dangerous. It may have gored three times, but perhaps it is not yet considered particularly dangerous. In that case, the owner pays only half the damage.

After the ox has gored three times, it becomes an established dangerous ox. From that point forward, the owner pays the full amount of the damage. There is therefore a distinction between an innocuous ox and an established dangerous ox. The details of how the monetary calculation works can be complicated, but the essential point is that the first three incidents receive a discount: half-damages are paid.

The Gemara teaches an important point through the second verse. One might have thought that the distinction between an innocuous ox and an established dangerous ox applies only when the horn is detached from the animal. The first verse that teaches us about goring describes iron horns placed on a person’s head. We might therefore have thought that the law applies only to a detached horn.

Perhaps when the horn is attached to the ox’s head, the ox is considered dangerous from the first time. The Torah therefore brings the second verse to teach that goring with an attached horn is also included, and that the ordinary distinction between an innocuous ox and an established dangerous ox applies whether the horn is attached or detached.

We have thus learned two things. First, the phrase “when an ox gores” refers to goring with the horn, and therefore the horn is one of the primary categories derived from the ox. Second, there is no difference in this respect between an ox using a horn attached to its head and an object using a detached horn. In both cases, the distinction between the first three incidents and later incidents applies.

The Gemara now asks about the secondary category of the horn. What is a secondary category of goring? Rav Huna gives four examples: pushing, biting, lying down on vessels, and kicking.

Pushing means that the animal pushes with its body. Lying down means that the animal sees vessels in the street and deliberately sits on them in order to break them. Kicking means that it deliberately kicks in order to cause damage.

Why are these secondary categories of the horn? They share the characteristics of goring. First, they are intentional. An animal that gores does so deliberately, and each of these actions is also performed deliberately. Second, the animal does not derive pleasure from the damage. It is not eating something that benefits it; it is simply damaging.

These actions also are not the ordinary and common way in which an animal causes damage. The animal is acting maliciously or deliberately rather than engaging in its usual behavior. These, then, are the characteristics of the horn: intentional damage, no benefit to the damaging animal, and an unusual form of damage.

Because these actions share the characteristics of the horn, they follow the same distinction between an innocuous animal and an established dangerous animal. During the first three incidents, the liability is half-damages; after the animal has been established as dangerous, the liability is full damages.

At this point we understand the horn and its secondary categories. The Gemara asks whether pushing is really a secondary category of the horn. The verse says, “When an ox gores.” We have learned that “goring” refers to the horn. But if the verse is referring to pushing, then pushing itself should be a primary category rather than a secondary category.

The Gemara answers that the pushing mentioned in the verse is a special form of pushing. Without the verse, we would understand pushing in its ordinary sense. How do we know that the pushing in this verse is the form of goring associated with the horn? The verse begins with one expression and then uses another expression for the same incident. This repetition teaches that the pushing referred to there is the same as goring with the horn.

Thus, there is pushing in ordinary language, which is a secondary category, and there is the specific pushing described in the Torah, which is treated as goring and is therefore a primary category. The verse teaches that these are not the same case.

The Gemara then discusses the wording used when an ox damages a person and when an ox damages another ox. When an ox damages a person, the Torah uses the expression “when it gores.” When an ox damages another ox, the Torah uses a different expression, “when it pushes.” The question is why the Torah uses a stronger expression for an ox that attacks a person.

Rav Avira answers that a human being possesses awareness and can protect himself, whereas an animal does not possess the same awareness. Since a person can protect himself, the ox has to act more aggressively in order to harm him. Therefore, the Torah uses the stronger expression when an ox attacks a person.

“Awareness” here does not mean astrology or a person’s fortune. It means that a human being has the intelligence and awareness to protect himself. When an ox attacks a person, it must pursue him more forcefully, because the person can defend himself. When an ox attacks an animal, the animal cannot protect itself in the same manner, and a less forceful push can cause damage.

The Gemara derives a practical law from this distinction. An ox established as dangerous with respect to people is automatically considered dangerous with respect to animals, but an ox established as dangerous with respect to animals is not automatically considered dangerous with respect to people.

The reason is that it is more difficult to kill a person than to kill an animal. If an ox has attacked three animals, that does not necessarily establish that it is dangerous to people. A person is harder to harm, and therefore the ox is regarded as having attacked a person for the first time when it subsequently harms a person.

Consider the laws regarding an ox that kills a person. The Torah says that the animal is put to death. The owner does not automatically have to pay the additional payment known as ransom. But if the animal has already been established as dangerous and then kills a person, the owner must pay that additional sum.

Now suppose an ox has attacked or killed three animals. Does that establish it as dangerous for all purposes? Not necessarily. Since harming a person is more difficult than harming an animal, the ox is still regarded as an innocuous ox with respect to people. If it subsequently kills a person, the owner does not pay the additional payment on the basis of the animal’s previous attacks on animals.

The reverse is different. If an ox has been established as dangerous with respect to three people, then it is automatically dangerous with respect to animals. Once an ox has demonstrated that it can overcome the greater resistance of human beings, it is certainly considered dangerous with respect to animals.

This is the practical outcome of the distinction. An ox that is established as dangerous with respect to people is established as dangerous with respect to animals, but an ox that is established as dangerous with respect to animals is not thereby established as dangerous with respect to people.

We have now identified one of the primary categories of the ox, the horn, together with its secondary categories: pushing, biting, lying down on vessels, and kicking. These secondary categories share the relevant properties of the horn: they are intentional, the animal derives no pleasure from them, and they are not the animal’s ordinary manner of causing damage.

The Gemara now questions the inclusion of biting among the secondary categories of the horn. Biting sounds like the category of the tooth, which is a separate primary category. Why should biting be placed under the horn rather than under the tooth?

The answer is that the biting being discussed is not ordinary eating. When an animal eats fruit, it derives benefit from the act. That is the category of the tooth. Here, however, the animal bites only in order to cause damage. It receives no benefit, and therefore the biting has the characteristics of the horn rather than the tooth.

The Gemara then asks about lying down on vessels and kicking. Perhaps these should be secondary categories of the foot. After all, the foot is another primary category, and kicking sounds like the ordinary use of the foot.

The answer is that the foot refers to the ordinary way in which an animal causes damage while walking. As the animal walks through the street, it may kick stones or other objects, and those objects may break vessels. That is a common and ordinary manner of damage, and it is therefore the category of the foot.

By contrast, in the case under discussion, the animal deliberately seeks out vessels, sits on them, or kicks them specifically in order to break them. That is not ordinary damage caused while walking. It is intentional and unusual, with no benefit to the animal. It therefore belongs under the horn rather than the foot.

We are still dealing with the original question: are secondary categories like their primary categories? In the case of the horn, the secondary categories appear to be like the primary category. They have the same defining properties and follow the same distinction between an innocuous animal and an established dangerous animal.

But Rav Pappa had said that some secondary categories are like their primary categories and some are not. The cases we have just learned appear to provide only examples of secondary categories that are like their primary categories. All of them share the same properties: they are a person’s property, they cause intentional damage, and the animal receives no benefit from the act.

Where, then, is the example of a secondary category that is not like its primary category? Shabbat gives an example of secondary categories that are like their primary categories, and ritual impurity gives an example that is not like its primary category. But within Bava Kamma, the Gemara has not yet shown us the case in which the secondary category differs from the primary one.

The Gemara therefore leaves us with the question unresolved. We have begun identifying the primary categories and their secondary categories, but we have not yet seen the case in Bava Kamma in which the secondary category is not like the primary category. We will have to continue in order to determine precisely when the secondary categories of damages are like the primary categories and when they are not.

We will stop here for now and continue next time. May God bless you all.