MISHNA: The legal status of a person is always that of one forewarned. Therefore, whether the damage was unintentional or intentional, whether he was awake while he caused the damage or asleep, whether he blinded another’s eye or broke vessels, he must pay the full cost of the damage.

§ Since the Gemara cited Rabba’s comments about various actions for which the perpetrator is liable with regard to certain matters but exempt with regard to others, the Gemara cites similar rulings: And Rabba says: If one threw a vessel, such as an earthenware jug, from a roof and another came along and broke it with a stick during its descent, the latter is exempt from liability. What is the reason? It is because he broke a broken vessel, meaning that once the vessel was thrown from the roof it was clear that it would be broken upon landing, and therefore it is considered as if it were already broken and the one who broke it while it was still in the air is not liable. And Rabba says: If one threw a vessel from a roof and there were cushions or blankets below so that if the vessel would land on them it would not break, and then another came and removed the cushions or blankets, or if the individual who threw the vessel went quickly before it landed and removed the cushions or blankets himself, and as a result the vessel shattered, the one who threw the vessel is exempt from liability even though the vessel broke as a consequence of his actions. What is the reason? At the time that he threw the vessel, his arrows were stopped, i.e., what he did at the time he threw the vessel, which is an act comparable to the shooting of an arrow, did not have the capacity to break the vessel. Therefore, he is not viewed as having broken the vessel, and is exempt. And Rabba says: If one threw a child from a roof and another came along and impaled him on his sword and the child died, the question of who is liable to receive the death penalty for killing the child is dependent upon the dispute between Rabbi Yehuda ben Beteira and the Rabbis. As it is taught in a baraita: If ten people beat a victim with ten sticks, whether they did so simultaneously or sequentially, they are all

exempt, as it is impossible to sentence any one of them to death since no one person killed the victim and there is no death penalty for partially killing a person. Rabbi Yehuda ben Beteira says: If they beat him sequentially the last one to beat him is liable for the death of the victim, because he brought the victim’s death closer. So too, in this case, although the first one threw the child, the one to impale him on his sword was the one to hasten his death, and therefore according to Rabbi Yehuda ben Beteira he would be liable to receive the death penalty. The Gemara discusses a similar scenario: If one threw a child from a roof and a forewarned ox came along and impaled the child on its horns and the child died, the question of whether or not the owner of the ox is liable to pay ransom is dependent upon the dispute between Rabbi Yishmael, son of Rabbi Yoḥanan ben Beroka, and the Rabbis. As it is taught in a baraita: The verse: “He shall give for the redemption of his life” (Exodus 21:30), indicates that he must pay the value of the injured party, i.e., the one who was killed. Rabbi Yishmael, son of Rabbi Yoḥanan ben Beroka, says: He must pay the value of the one responsible for the damage. Since the child that was thrown off the roof had no monetary value at the time he was gored by the ox, as it was as if he were already dead, the Rabbis would exempt the owner of the ox from paying ransom. According to Rabbi Yishmael, son of Rabbi Yoḥanan ben Beroka, the owner of the ox must pay his own value to the family of the victim.

And this is known as the oven of akhnai. The Gemara asks: What is the relevance of akhnai, a snake, in this context? Rav Yehuda said that Shmuel said: It is characterized in that manner due to the fact that the Rabbis surrounded it with their statements like this snake, which often forms a coil when at rest, and deemed it impure. The Sages taught: On that day, when they discussed this matter, Rabbi Eliezer answered all possible answers in the world to support his opinion, but the Rabbis did not accept his explanations from him.After failing to convince the Rabbis logically, Rabbi Eliezer said to them: If the halakha is in accordance with my opinion, this carob tree will prove it. The carob tree was uprooted from its place one hundred cubits, and some say four hundred cubits. The Rabbis said to him: One does not cite halakhic proof from the carob tree. Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the stream will prove it. The water in the stream turned backward and began flowing in the opposite direction. They said to him: One does not cite halakhic proof from a stream.Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the walls of the study hall will prove it. The walls of the study hall leaned inward and began to fall. Rabbi Yehoshua scolded the walls and said to them: If Torah scholars are contending with each other in matters of halakha, what is the nature of your involvement in this dispute? The Gemara relates: The walls did not fall because of the deference due Rabbi Yehoshua, but they did not straighten because of the deference due Rabbi Eliezer, and they still remain leaning.Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, Heaven will prove it. A Divine Voice emerged from Heaven and said: Why are you differing with Rabbi Eliezer, as the halakha is in accordance with his opinion in every place that he expresses an opinion? Rabbi Yehoshua stood on his feet and said: It is written: “It is not in heaven” (Deuteronomy 30:12). The Gemara asks: What is the relevance of the phrase “It is not in heaven” in this context? Rabbi Yirmeya says: Since the Torah was already given at Mount Sinai, we do not regard a Divine Voice, as You already wrote at Mount Sinai, in the Torah: “After a majority to incline” (Exodus 23:2). Since the majority of Rabbis disagreed with Rabbi Eliezer’s opinion, the halakha is not ruled in accordance with his opinion. The Gemara relates: Years after, Rabbi Natan encountered Elijah the prophet and said to him: What did the Holy One, Blessed be He, do at that time, when Rabbi Yehoshua issued his declaration? Elijah said to him: The Holy One, Blessed be He, smiled and said: My children have triumphed over Me; My children have triumphed over Me.The Sages said: On that day, the Sages brought all the ritually pure items deemed pure by the ruling of Rabbi Eliezer with regard to the oven and burned them in fire, and the Sages reached a consensus in his regard and ostracized him. And the Sages said: Who will go and inform him of his ostracism? Rabbi Akiva, his beloved disciple, said to them: I will go, lest an unseemly person go and inform him in a callous and offensive manner, and he would thereby destroy the entire world.What did Rabbi Akiva do? He wore black and wrapped himself in black, as an expression of mourning and pain, and sat before Rabbi Eliezer at a distance of four cubits, which is the distance that one must maintain from an ostracized individual. Rabbi Eliezer said to him: Akiva, what is different about today from other days, that you comport yourself in this manner? Rabbi Akiva said to him: My teacher, it appears to me that your colleagues are distancing themselves from you. He employed euphemism, as actually they distanced Rabbi Eliezer from them. Rabbi Eliezer too, rent his garments and removed his shoes, as is the custom of an ostracized person, and he dropped from his seat and sat upon the ground.The Gemara relates: His eyes shed tears, and as a result the entire world was afflicted: One-third of its olives were afflicted, and one-third of its wheat, and one-third of its barley. And some say that even dough kneaded in a woman’s hands spoiled. The Sages taught: There was great anger on that day, as any place that Rabbi Eliezer fixed his gaze was burned.And even Rabban Gamliel, the Nasi of the Sanhedrin at Yavne, the head of the Sages who were responsible for the decision to ostracize Rabbi Eliezer, was coming on a boat at the time, and a large wave swelled over him and threatened to drown him. Rabban Gamliel said: It seems to me that this is only for the sake of Rabbi Eliezer ben Hyrcanus, as God punishes those who mistreat others. Rabban Gamliel stood on his feet and said: Master of the Universe, it is revealed and known before You that neither was it for my honor that I acted when ostracizing him, nor was it for the honor of the house of my father that I acted; rather, it was for Your honor, so that disputes will not proliferate in Israel. In response, the sea calmed from its raging.

§ The Gemara cites several incidents that involve ships and the conversation of seafarers. Rabba said: Seafarers related to me that when this wave that sinks a ship appears with a ray of white fire at its head, we strike it with clubs that are inscribed with the names of God: I am that I am, Yah, the Lord of Hosts, amen amen, Selah. And the wave then abates.Rabba said: Seafarers related to me that in a certain place between one wave and the next wave there are three hundred parasangs, and the height of a wave is three hundred parasangs. Once, seafarers recounted, we were traveling along the route and a wave lifted us up until we saw the resting place of a small star, and it appeared to me the size of the area needed for scattering forty se’a of mustard seeds. And if it had lifted us higher, we would have been scorched by the heat of the star. And the wave raised its voice and shouted to another wave: My friend, did you leave anything in the world that you did not wash away, that I may come and destroy it? The second wave said to it: Go out and see the greatness of your Master, God, as even when there is as much as a string of sand on the land I cannot pass, as it is stated: “Will you not fear Me, said the Lord; will you not tremble at My presence? Who has placed the sand for the bound of the sea, an everlasting ordinance, which it cannot pass?” (Jeremiah 5:22). § Rabba said: I have seen the one called Hurmin, son of Lilith, when he was running on the pinnacles of the wall of the city of Meḥoza, and a horseman was riding an animal below him but was unable to catch up to him. Once, they saddled for him two mules and they stoodon the two bridges of the river Rognag, and he jumped from this one to that one, and from that one to this one. And he was holding two cups of wine in his hands and was pouring from this one to that one, and from that one to this one, and not one drop fell to the ground. And that day was stormy, similar to the description in a verse dealing with seafarers: “They mounted up to the heavens, they went down to the deeps; their soul melted away because of trouble” (Psalms 107:26). He continued in this manner until word of his behavior was heard in the house of the king, and they killed him.Rabba said: I have seen a day-old antelope [urzila] that was as large as Mount Tabor. And how large is Mount Tabor? It is four parasangs. And the length of its neck was three parasangs, and the place where his head rests was a parasang and a half. It cast feces [kufta] and thereby dammed up the Jordan.And Rabba bar bar Ḥana said: I have seen a certain frog [akrokta] that was as large as the fort [akra] of Hagronya. And how large is the fort of Hagronya? It is as large as sixty houses. A snake came and swallowed the frog. A raven came and swallowed the snake, and flew up and sat in a tree. Come and see how great is the strength of the tree, which could bear the weight of that raven. Rav Pappa bar Shmuel said: If I had not been there and seen this, I would not believe it. § And Rabba bar bar Ḥana said: Once we were traveling in a ship and we saw a certain fish in whose nostril [be’usyeih] a mud eater [akhla tina], i.e., a type of insect, had sat and killed him. And the waters thrust the fish and threw it upon the shore. And sixty districts were destroyed by the fish, and sixty districts ate from it, and another sixty districts salted its meat to preserve it. And they filled from one of its eyeballs three hundred flasks of oil. And when we returned there after the twelve months of the year had passed, we saw that they were cutting beams from its bones, and they had set out to build those districts that had been destroyed. And Rabba bar bar Ḥana said: Once we were traveling on a ship and we saw a certain fish upon which sand had settled, and grass grew on it. We assumed that it was dry land and went up and baked and cooked on the back of the fish, but when its back grew hot it turned over. And were it not for the fact that the ship was close by, we would have drowned.And Rabba bar bar Ḥana said: Once we were traveling in a ship and the ship traveled between one fin [shitza] and the other fin of a fish for three days and three nights. The fish was swimming in the opposite direction of the ship, so that it was swimming upward against the wind and the waves, and we were sailing downward. And if you would say that the ship did not travel very fast, when Rav Dimi came from Eretz Yisrael to Babylonia he said: In the short amount of time required to heat a kettle of water, that ship can travel sixty parasangs. And another demonstration of its speed is that a horseman shot an arrow, and yet the ship was traveling so swiftly that it outraced it. And Rav Ashi said: That fish was a sea gildana, which has two sets of fins.And Rabba bar bar Ḥana said: Once we were traveling in a ship and we saw a certain bird that was standing with water up to its ankles [kartzuleih] and its head was in the sky. And we said to ourselves that there is no deep water here, and we wanted to go down to cool ourselves off. And a Divine Voice emerged and said to us: Do not go down here, as the ax of a carpenter fell into it seven years ago and it has still not reached the bottom. And this is not because the water is so large and deep. Rather, it is because the water is turbulent. Rav Ashi said: And that bird is called ziz sadai, wild beast, as it is written: “I know all the fowls of the mountains; and the ziz sadai is Mine” (Psalms 50:11). And Rabba bar bar Ḥana said: Once we were traveling in the desert and we saw these geese whose wings were sloping because they were so fat, and streams of oil flowed beneath them. I said to them: Shall we have a portion of you in the World-to-Come? One raised a wing, and one raised a leg, signaling an affirmative response. When I came before Rabbi Elazar, he said to me: The Jewish people will eventually be held accountable for the suffering of the geese. Since the Jews do not repent, the geese are forced to continue to grow fat as they wait to be given to the Jewish people as a reward. § The Gemara provides a mnemonic for the items shown by an Arab man to Rabba bar bar Ḥana in the following stories: Like the dust of the sky-blue; the scorpion stung the basket.And Rabba bar bar Ḥana said: Once we were traveling in the desert and we were accompanied by a certain Arab who would take dust and smell it and say: This is the road to such and such a place, and that is the road to such and such a place. We said to him: How far are we from water? And he said to us: Bring me dust. We brought it to him, and he said: Eight parasangs. Later, we said this a second time, and gave him dust, and he said to us that we are at a distance of three parasangs. I switched the type of dust to test him, but I could not confuse him, as he was an expert in this matter. That Arab said to me: Come, I will show you the dead of the wilderness, i.e., the Jewish people who left Egypt and died in the wilderness. I went and saw them; and they had the appearance of one who is intoxicated,and they were lying on their backs. And the knee of one of them was elevated, and he was so enormous that the Arab entered under his knee while riding a camel and with his spear upright, and he did not touch him. I cut one corner of the sky-blue garment that contains ritual fringes of one of them, and we were unable to walk. The Arab said to me: Perhaps you took something from them? Return it, as we know by tradition that one who takes something from them cannot walk. I then returned the corner of the garment, and then we were able to walk.When I came before the Sages, they said to me in rebuke: Every Abba is a donkey, and every bar bar Ḥana is an idiot. For the purpose of clarifying what halakha did you do that? If you wanted to know whether the halakhais in accordance with the opinion of Beit Shammai or in accordance with the opinion of Beit Hillel, as to whether there are four or three threads and joints in ritual fringes, in that case there was no need to take anything with you, as you should have simply counted the threads and counted the joints.Rabba bar bar Ḥana continues his account. That Arab also said to me: Come, I will show you Mount Sinai. I went and saw that scorpions were encircling it, and they were standing as high as white donkeys. I heard a Divine Voice saying: Woe is Me that I took an oath; and now that I took the oath, who will nullify it for me?When I came before the Sages, they said to me in rebuke: Every Abba is a donkey, and every bar bar Ḥana is an idiot. You should have said: Your oath is nullified. The Gemara explains: And Rabba bar bar Ḥana did not nullify the oath because he reasoned: Perhaps God is referring to the oath that He will not flood the earth again. But the Sages would argue that if that were so, why say: Woe is Me? Rather, this must be referring to God’s oath of exile upon the Jewish people. Rabba bar bar Ḥana continues his account. The Arab also said to me: Come, I will show you those who were swallowed by the earth due to the sin of Korah. I saw two rifts in the ground that were issuing smoke. The Arab took a shearing of wool, and dipped it in water, and inserted it on the head of a spear, and placed it in there. And when he removed the wool, it was scorched. He said to me: Listen to what you hear; and I heard that they were saying: Moses and his Torah are true, and they, i.e., we in the earth, are liars. The Arab further said to me: Every thirty days Gehenna returns them to here, like meat in a pot that is moved around by the boiling water as it cooks. And every time they say this: Moses and his Torah are true, and they, i.e., we in the earth, are liars.This Arab also said to me: Come, I will show you the place where the earth and the heavens touch each other. I took my basket and placed it in a window of the heavens. After I finished praying, I searched for it but did not find it. I said to him: Are there thieves here? He said to me: This is the heavenly sphere that is turning around; wait here until tomorrow and you will find it.§ Rabbi Yoḥanan relates: Once we were traveling on a ship and we saw a certain fish that took its head out of the sea, and its eyes had the appearance of two moons, and water scattered from its two gills like the two rivers of Sura. Rav Safra relates: Once we were traveling on a ship and we saw a certain fish that took its head out of the sea, and it had horns, and the following was inscribed on them: I am a lowly creature of the sea and I am three hundred parasangs long, and I am going into the mouth of the leviathan. Rav Ashi said: That is the goat of the sea, which searches through the sea and has horns.Rabbi Yoḥanan relates: Once we were traveling on a ship and we saw a certain crate [kartalita] in which precious stones and pearls were set, and a species of fish called sharks encircled it. He descended,i.e., a diver [bar amoraei] went into the water to bring up this chest, and the fish became angry and sought to sever his thigh, but the diver threw upon it a flask of vinegar and they descended and swam away. A Divine Voice emerged and said to us: What right do you have to touch the crate of the wife of Rabbi Ḥanina ben Dosa, as she is destined to insert sky-blue wool in it to be used in the ritual fringes of the righteous in the World-to-Come?Rav Yehuda from India relates: Once we were traveling in a ship and we saw a certain precious stone that was encircled by a snake. A diver descended to bring it up, and the snake came and sought to swallow the ship. A raven came and cut off its head, and the water turned into blood due to the enormousness of the snake. Another snake came, took the precious stone, and hung it on the dead snake, and it recovered. It returned and again sought to swallow the ship, and yet again a bird came and cut off its head, took that precious stone, and threw it onto the ship. We had with us these salted birds; we placed the stone on them, and they took the stone and flew away with it.