And Abba Agrees (article preview)

If Reuven digs or opens a deep pit and Shimon’s ox falls to its death, Reuven must make restitution, and the animal’s carcass is “his”, וְהַמֵּ֖ת יִֽהְיֶה־לּֽוֹ (Shemot 21:34). The simple meaning is that “his” refers to Reuven. Reuven pays the full amount of a live ox and keeps the carcass, so that Shimon is made whole. That is how Chizkuni and Bechor Shor explain it. The same situation two verses later, regarding the ox who regularly gores, that he pays an ox for the ox,  וְהַמֵּ֖ת יִֽהְיֶה־לּֽוֹ. However, following Bava Kamma 11a, we note that לו, “his”, has an ambiguous antecedent, and could also refer to Shimon. This reading, followed by Rashi and Ibn Ezra, is that we assess the value of the carcass and deduct it from the value of the live ox. Reuven pays this money, together with the carcass, to Shimon, who is thereby made whole. In this way, we’re introduced to the concept of assessment, where one need not replace a damaged item with a new item, but just the depreciation in value, which is called שָׁמִין. Then, we see the following:

א) אָמַר שְׁמוּאֵל: אֵין שָׁמִין לֹא לְגַנָּב וְלֹא לְגַזְלָן, אֶלָּא לְנִזָּקִין.  ב) וַאֲנִי אוֹמֵר: אַף לְשׁוֹאֵל. ג) וְאַבָּא מוֹדֶה לִי  

“(a) Shmuel says: We don’t assess for a thief or a robber (but the robber would keep the carcass / damaged item and pay the full price), only for damages. (b) And I say, even a borrower. (c) And Abba admits to / agrees with me.”

Then, אִיבַּעְיָא לְהוּ, a group of Amoraim or perhaps Savoraim debated the meaning of אַף לְשׁוֹאֵל. Does Shmuel mean that they assess even for a borrower, or that they don’t assess even for a borrower? Does אַף expand on the גַנָּב or on the נִזָּקִין?

“Abba” refers to Rav, for that was his given name, so the Talmudic Narrator relates an incident involving Rav. Reuven borrowed Shimon’s ax and broke it. Rav ruled that Reuven should pay for a full-fledged ax. Thus, Rav agrees they do not assess for a borrower. However, the gemara points out that Rav Asi (of Hutzal) and Rav Kahana said to Rav, “is this indeed the halacha?” and he was silent. Taking silence as admission / retraction, Rav (and therefore Abba) would agree with Shmuel that they do assess for a borrower. Therefore, Shmuel also says that they do assess.

Who Is I? Who Is Abba?

While the Bavli is clear that Abba refers to Rav, Shmuel’s contemporary, the parallel Yerushalmi (Bava Kamma 1:1) isn’t so sure.