Talmud Bavli
Talmud Bavli

Quoting%20commentary for Bava Kamma 92:15

אמר רבא אטו אחד מארבעה בנזק ואחד משמנה בנזק קתני חצי נזק ורביע נזק קתני אלא אמר רבא לעולם בפרה וולד דחד והכי קאמרינן איתה לפרה משתלם חצי נזק מפרה

The ruling, however, applies to the case where the cow belonged to one and the calf to another.<span class="x" onmousemove="('comment',' As e.g., where the cow was sold with the exception of its offspring; Rashi. ');"><sup>12</sup></span> Again, where the plaintiff claimed from the owner of the cow first it would still also make no difference, as he would be entitled to argue against the owner of the cow, 'It was your cow that did me the damage, [and it is for you to] produce evidence that there is a joint defendant with you.'<span class="x" onmousemove="('comment',' That is, that the calf took part in the goring, otherwise you must be held solely responsible. ');"><sup>13</sup></span> But where the rule applies is to a case where he claimed from the owner of the calf first, in which case the owner of the cow may say to him, 'You have made clear your opinion that there is a joint defendant with me.'<span class="x" onmousemove="('comment',' So that I cannot accordingly be held liable for all the damages. ');"><sup>14</sup></span> Some, however, say that even where the plaintiff claimed from the owner of the cow first, the latter might put him off by saying, 'It is definitely known to me<span class="x" onmousemove="('comment',' Unless you prove to the contrary. ');"><sup>15</sup></span> that there is a joint defendant with me.'<span class="x" onmousemove="('comment',' So that I cannot accordingly be held liable for all the damages. ');"><sup>14</sup></span> Raba said: Is then 'a fourth of the damage' and 'an eighth of the damage' mentioned in the text? Is not 'half damages' and 'quarter damages' stated in the text?<span class="x" onmousemove="('comment',' How then could Abaye interpret half-damages to mean quarter damages, and quarter damages to mean an eighth of the damage? ');"><sup>16</sup></span> — Raba therefore said: We suppose that in fact the cow and the calf belonged to one owner,<span class="x" onmousemove="('comment',' In the case stated in the Mishnah. ');"><sup>17</sup></span> and the meaning is this: Where the cow is available,<span class="x" onmousemove="('comment',' To be distrained upon for the damages in accordance with the law applicable to Tam. ');"><sup>18</sup></span> the payment of half damages will be made out of the cow.<span class="x" onmousemove="('comment',' As she definitely did the damage. ');"><sup>19</sup></span>

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