Bava Kamma

Bava Qama / בבא קמא (Eng. "the first gate" ) is the first tractate of the Mishnah in order Nesiqin / נזיקין (Eng. " damage "). He has a Tosefta and a Gemara in both Talmuds.

The three Bavot

The term Bava Qama comes from the Aramaic and literally means first goal and first gate. In a figurative sense Bava also referred to a section of a literary work. The name refers to the fact that Bava Bava Qama together with Metzia (Eng. " the middle gate" ) and Bava batra (Eng. " the back door " ) once together formed a treatise. The division into three sections was purely schematic and probably for practical reasons: all three Bavot each containing 10 chapters, so are quite extensive in total. However, this subdivision comes from probably alone the Babylonian text tradition in the eretz - jisra'elischen tradition it is not found and the entire treatise still bears the name of the Seder: Nesiqin. This name, in German " damage ", is also the main content, the internal Jewish civil law, again.

Content

The first chapter is a kind of opening to the entire tractate and names the basic legal categories, which are explained in more detail in the following chapters. Mishnah 1 negotiated four damage categories (Hebrew אבות נזיקין ), which in part Exodus 21f. taken are: ox / שור (Ex 21:28-32 ), pit / בור (Ex 21,33 f ), grazing / מבעה, fire / הבער (Ex 22,4 f.) The " ox " is referred to in the course of the treatise with " horn ", the category " grazing " with " tooth and foot." The Mishnah also explains the differences and the similarities of these four categories:

" The common aspect of them is that it is harming their own way, and their security is up to you."

Mishna 4 undertakes a further distinction between "innocent" ( תם ) and " cautioned " ( מועד, actually " witness "). " Admonished " refers to animals or people whose type it is (under certain circumstances) to inflict damage. So wolf, lion, bear, tiger, panther and snake are considered " booked ", according to Rabbi Elazar, however - with the exception of the snake - as innocent when they are tamed. The second chapter consists mainly of the interpretation of the first chapter and ends with the statement that man always " booked " as valid.

The Mischnajot 3:1-7 regulate various claims in the public domain. From 3.8 to 5.4 cases of damage caused by oxen are regulated. In the following discussion, the rabbis over pits, heaps and the like. As of 6.4, the subject of " fire " negotiated.

The seventh chapter contains the rules for the theft. For refund cases of double repayment (cf. Ex 22.3 ff ) distinguished and four - or five-fold repayment ( cf. Ex 21,37 ). The latter occurs only in lively stolen property. Furthermore, questions are treated to witness in theft processes.

The eighth chapter is devoted to provisions in the event of injury. The last two chapters are devoted to the issues that are related to robbery, how to deal with plundered property etc. Interestingly, even dealing with tax collectors is regulated in this context.

An important distinction in respect of persons is not running in the treatise separately, but comes in a number of individual rules to the fore: A deaf, a mute and a minor ( חש"ו Hebrew חרשׁ שׁוטה וקטן, often abbreviated with the first letter ) are only limited legal capacity, thus also limited criminal responsibility. Certain restrictions with regard to both aspects is also available for women and slaves.