The Weekly Daf #18 
Bava Kama 107-113 
Week of 1-7 Tamuz 5754/10-16 June 1994 
By Rabbi Mendel Weinbach, Dean, Ohr Somayach Institutions          

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This issue is sponsored by El Al - Israel National Airlines 

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The Limits of Responsibility

The Case:     A man borrows a cow and passes away before returning it.
              His children, unaware that the cow is not their father's,
              slaughter it and consume its flesh.
The Rule:     They must compensate the owner of the cow by paying two-third
              of the market value of beef.
The Reasons:  1. They cannot be held responsible for damage caused because 
                 of circumstances completely beyond their control.  (In 
                 earlier sheets this principle was cited in regard to 
                 someone causing damage in his sleep or breaking a vessel 
                 in the street due to darkness of night.)
              2. Even though there is no obligation to pay for damage there 
                 is an obligation to pay for the benefit they derived from 
                 eating the meat.
              3. In evaluating this benefit we assign only two-thirds of 
                 the meat's market value because we assume that they might 
                 not have eaten meat had they been required to pay full 
                 price and would indulge in this luxury only if it was 
                 available at the bargain price of two-thirds.
Bava Kama 112a

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The Limits of Audacity

The Case:   A man claims someone owes him money which he loaned him but has 
            no witnesses or documentation to prove his claim.  The 
            defendant totally denies the obligation.
The Rule:   He is free of any obligation to pay the alleged debt and Torah 
            Law even exempts him from taking an oath to prove his 
            innocence.  (A later rabbinical decree does require him to take 
            a special oath.)
The Reason: Human nature is such that a man does not have the audacity to 
            lie to someone who did him a favor by lending him money.  We 
            therefore assume he is telling the truth in denying the claim.

Bava Kama 107a

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