The law of the Torah is an ox that has not yet considered to be expected to gore only pays half damages. An ox gores 4 other oxen one after the other but still remains "tam". Each one was worth 200. [It perhaps did it not one after the other exactly] R Meir says the last one gets the whole amount and if anything is left over it goes the one before that etc. R. Shimon says the order is 100/100. The next time the division is 100/50/50. The next time 100/50/25/25.
In another case R. Ishmael considered the damaged ox to be a debtor.But R Akiva thinks the owners of each ox become partners with the owner.
The problem our Gemara brings up on page 36 is who is R. Meir going like? It concludes like R Ishmael. [I would expand on this but I have no computer and and just borrowing a friends for a few minutes.] The next opinion of RS is like R Akiva.
But if it is like RI then the first owner of the first damaged ox should get the whole sum, not the last. The Gemara says each owner of the subsequent ox grabbed the ox to hold it until he gets paid.
The Rif says R Shimon agrees if he grabs it he is a paid guard and he agrees with RM.
Both R. Ephraim and Rav Zarahia the Baal Hamaor degree with the Rif. As you can easily see why. If he would be right then there was no reason to say the opinion of RM is like RI. It could be R Akiva also.
The answer that I think makes sense here is the debate in Pesahim 30. A lender is not paid back on time so he gets some property of the borrower. So when is he considered to own that property? This is a debate over there but the Rif must be thinking that our gemara over here in Bava Kama is like the opinion the lender owns the property only after he collects it. But the Rif is thinking that the ox is different. It becomes a pledge and is owned from the time of the goring and if so then there would be no difference between R Akiva and R Ishmael and so in truth R Shimon who is like R akiva in our case is talking about a different case than R Meir.
Sorry I can not explain this in more detail. If you look it up it will be more clear. Anyway you can see this idea of mine in Tosphot Bava kama pg 33. where Tosphot brings it for a different reason.
Both R. Ephraim and Rav Zarahia the Baal Hamaor degree with the Rif. As you can easily see why. If he would be right then there was no reason to say the opinion of RM is like RI. It could be R Akiva also.
The answer that I think makes sense here is the debate in Pesahim 30. A lender is not paid back on time so he gets some property of the borrower. So when is he considered to own that property? This is a debate over there but the Rif must be thinking that our gemara over here in Bava Kama is like the opinion the lender owns the property only after he collects it. But the Rif is thinking that the ox is different. It becomes a pledge and is owned from the time of the goring and if so then there would be no difference between R Akiva and R Ishmael and so in truth R Shimon who is like R akiva in our case is talking about a different case than R Meir.
Sorry I can not explain this in more detail. If you look it up it will be more clear. Anyway you can see this idea of mine in Tosphot Bava kama pg 33. where Tosphot brings it for a different reason.
