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392 Baba ben Buta Baba Kamma' The subject

one of the curiosities of Jewish

is

litera-

ture.

Bibliography: Wolf, BtM. Helir. i. 155-159, iii. 99, 1v. 783; Steinschneider, in Serapcum, 1848, p. 321; 1869, p. 132; idem, Ueher die YatirsUtcratur der Juden, p. 18; Zedner, in Hebr. Bihl. vi. 22. 6.

J.

BABA BEN BUTA

Teacher of the Law at the time of Herod, and perhaps a member of the prominent family known as " The Sons of Baba " (" Bene Baba "), who, at the time of the siege of Jerusalem by Herod (37 B.C.), resisted its surrender, and whom Costobarus protected from the wrath of Herod for ten years, until they were discovered and put to death (Josephus, "Ant." xv. 7, § 10). But, according to a tradition preserved in the Babylonian Talmud (B. B. 36 et seq.), Baba ben Buta was the only teacher of the Law who was spared by Herod. According to this tradition it was Baba b. Buta, deprived of his eyesight by Herod, who advised the

Temple in expiation of his great The following conversation between the

latter to rebuild the

crimes.

king and the blind teacher, with its haggadic embellishments, forms the principal part of this tradition, it probably rests upon a historical foundation One day Herod came to visit the blind teacher and, sitting down before him, said, 'See how this wicked slave [Herod] Said he [Baba] to him, What can I do to him ? Said acts.'

and "

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Curse him, sir.' Said he, It is written (Eecl. x. 20), " Curse But,' said Herod, 'he not the king no, not in thy thought." Upon which Baba said, Let him be only a man of is no king.' "And WTitten (ib.), curse not the rich in thy bedit is wealth, chamber" or let him be merely a chiet, it is written (Ex. xxii. 27 [A.V. 28]), "Curse not a ruler of thy people.'" 'But,' said Herod, this is interpreted to mean a ruler that acts according to the customs of thy people but that man [Herod] does not act according to the customs of thy people.' Said he, I am afraid of him,' to which Herod replied, There is no man here to go and tell him for I and thou sit here alone.' Said he, It is written (Eccl. I.e.), "For a bird of the air shall carry the voice, and that which hath wings shall tell the matter." he,

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"Herod now disclosed himself, and said, 'Had I known that the rabbis were so discreet, I should not have put them to death. He,' What, now, can a man like me do to repair this wrong ? said Baba, has extinguished the light of the world [put to death the teachers], as it is written (Prov. vi. 23), "For the commandment is a lamp and the Law is light " let him busy himself with the light of the world [the Temple], of which it is written (Isa. ii. 2), " All nations shall flow unto it " [a play on naliar, which also means " light "]. Said Herod, I am afraid of the [Roman] government.' To which Baba replied, Send a messenger; he will be one year in going to Rome, will be detained there one year, and make his home voyage in one year, and in the mean while thou Shalt have torn down and built and Herod did accordingly." '

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kin dealing with damages. Baba Kamma is on compensation for damages. The regulations discussed in this tractate have their source in the judgments that Moses was commanded to lay before the Israel" Sefer ites, and which were probably included in the ha-Berit" (Book of the Covenant, Ex. xxiv. 7). Biblical laws dealing with the cases discussed in Baba Kamma are contained in the following passages: Ex. xxi. 18, 19, and xxi. 24-xxii. 5 [A. V. 6]. And the principle that underlies all the legislation in this respect is expressed by the sentence, "He that kindled the fire shall surely make restitution" (xxii. 5 [A. V. 6]). Baba Kamma is divided into ten chapters, which maybe grouped as follows: damage caused without criminality (chaps, i.-vi.) damage caused by a crim;

inal act (chaps, vii.-x.).

Damage Caused Without Criminality: (1) Damage caused by agents in their normal condition (2)

damage caused by agents

b.

Buta

is

recorded as a

abnormal con-

ing Ox, as under normal circumstances an ox does not gore. (1) The Mishnah opens with the first class, and enumerates four heads of damages, "abot nezikin" " Shor," " Bor," (literally, parents of damages), viz. "Mab'eh," "Heb'er" (Ox, Pit, FeedDamag-e ing, Burning). These four agents of by Normal damages correspond to those mentioned Agents. in Ex. xxii. 4 [R. V. 5], xxi. 33, 34, xxii. 4 [A. V. 5], xxii. 5 [A. V. 6]. The law concerning the compensation in these cases " These four is expressed in the Mishnah (i. 1) thus agents have in common the circumstance that they usually cause damage; that the owner has the duty to prevent the damage; and that if he fails to do so, on damage being done he must pay full compensation, with the best of his property " (compare Ex. xxii. 4 [A. V. 5]). Before, however, giving the detailed regulations for these four kinds of damage, the Mishnah proceeds to the discussion of the second class of damages, those caused by agents in an ab:



normal condition. (2)

The

'

In halakic tradition Baba

in their

An

instance of the first class of agents is an ox treading upon things that are in his way and thus damaging them, or eating things that are in his path. An instance of the second class is the case of a Gordition.

distinction

principal point in the second class is the made between "tarn" (harmless) and

"mu'ad" (warned)

(see

Accident).

Shammai and it is said that he prevented an opinion of Shammai concerning a question of sacrifices from becoming a rule, because he was con-

Damage by The

vinced of the correctness of Hillel's opposing opinBaba was so scrupulous in ion (Bezah 20a et serj.). his religious observances that he brought a free-will offering every day, for fear that he might have committed a sin requiring atonement. These sacrifices were called " sin-offerings of the pious " (" hasidim "). Baba was a member of the " bet din " and always

(tam) the owner has to compensate for half the damage, unless half the damage exceeds the whole value of the animal causing the damage. In a case where the owner has been warned (mu'ad), he must give full compensation for the damage, without regard to the value of the damaging animal

women

The law of mu'ad applies to the four kinds of damage done by animals or agents in their normal condition. In addition to these the Mishnah (i. 4)

disciple of

saw that



justice

was done,

particularly to

(Git. 57a; Ned. 666). Bibliography Gratz, Geseh. der Juden, 2d

Weiss, Dor, J. sh.

i.

ed.,

111.

166, 208

177 et seq.

W.

BABA KAMMA series of three

("First Gate"):

Talmudic

The

first

B. of a

treatises of the order Nezi-

Abnormal Agents,

law of compensation

cases

is

in these

two

as follows: In the case of an

animal previously reputed harmless

(compare Ex. xxi.

35, 36).

enumerates the following: man, and wild beasts owned by a man such as the wolf, the lion, the bear,

—

and the leopard also the serpent. Of man it is said, "Man is always fully responsible (mu'ad), whether