Tractate Bava Kamma

Click here for the original text of the Talmud.

The tractate of Bava Kama covers all sorts of tort laws—damages caused by person or property, theft and robbery.

The tractate concludes with a discussion regarding waste materials produced by a laborer in the course of his work.

The rabbis taught: Masons who square and smoothen stones are not liable for theft if they retain for themselves the hewn chips.

Pruners of trees and vines, trimmers of shrub, weeders of plants, and vegetable patch thinners—if the owner is particular about the waste materials, then the workers are liable for theft, if the owner is not particular, then the worker can appropriate them.

Rabbi Yehudah said: One is not liable for theft for taking cuttings of cuscuta and premature grains—besides for locales where the owners are particular about them. Ravina said: The city of Massa Mechasia is a locale where owners are particular about these items.