damage

MISHNAH: Two tame bulls which injured one another; one pays half for the excess damage. If both are notorious, one pays in full for the excess damage. One tame and one notorious; the notorious over the tame pays in full for the excess damage; the tame over the notorious pays half for the excess damage. Similarly, two people who injured one another pay in full for the excess damage. A human and a notorious animal, or a notorious animal and a human, one pays in full for the excess damage. A human and a tame animal; the human over the tame pays in full for the excess damage; the tame over the human pays half for the excess damage. Rebbi Akiba says, also a tame animal which injured a human pays the excess damage in full. A bull worth a mina which gored a bull worth 200 and the cadaver is not worth anything; he takes the bull. A bull worth 200 which gored a bull worth 200 and the cadaver is not worth anything; Rebbi Meïr said, about this case it was said: “They shall sell the living bull and split the proceeds.” Rebbi Jehudah said to him, you upheld “they shall sell the living bull and split the proceeds,” but you did not uphold “and also the cadaver they shall split.” What is this? That is a bull worth 200 which gored a bull worth 200 and the cadaver is worth 50 zuz, in which case each owner takes half of the living bull and half from the cadaver.

MISHNAH: Two tame bulls which injured one another; one pays half for the excess damage. If both are notorious, one pays in full for the excess damage. One tame and one notorious; the notorious over the tame pays in full for the excess damage; the tame over the notorious pays half for the excess damage. Similarly, two people who injured one another pay in full for the excess damage. A human and a notorious animal, or a notorious animal and a human, one pays in full for the excess damage. A human and a tame animal; the human over the tame pays in full for the excess damage; the tame over the human pays half for the excess damage. Rebbi Akiba says, also a tame animal which injured a human pays the excess damage in full. A bull worth a mina which gored a bull worth 200 and the cadaver is not worth anything; he takes the bull. A bull worth 200 which gored a bull worth 200 and the cadaver is not worth anything; Rebbi Meïr said, about this case it was said: “They shall sell the living bull and split the proceeds.” Rebbi Jehudah said to him, you upheld “they shall sell the living bull and split the proceeds,” but you did not uphold “and also the cadaver they shall split.” What is this? That is a bull worth 200 which gored a bull worth 200 and the cadaver is worth 50 zuz, in which case each owner takes half of the living bull and half from the cadaver.

MISHNAH: Two tame bulls which injured one another; one pays half for the excess damage. If both are notorious, one pays in full for the excess damage. One tame and one notorious; the notorious over the tame pays in full for the excess damage; the tame over the notorious pays half for the excess damage. Similarly, two people who injured one another pay in full for the excess damage. A human and a notorious animal, or a notorious animal and a human, one pays in full for the excess damage. A human and a tame animal; the human over the tame pays in full for the excess damage; the tame over the human pays half for the excess damage. Rebbi Akiba says, also a tame animal which injured a human pays the excess damage in full. A bull worth a mina which gored a bull worth 200 and the cadaver is not worth anything; he takes the bull. A bull worth 200 which gored a bull worth 200 and the cadaver is not worth anything; Rebbi Meïr said, about this case it was said: “They shall sell the living bull and split the proceeds.” Rebbi Jehudah said to him, you upheld “they shall sell the living bull and split the proceeds,” but you did not uphold “and also the cadaver they shall split.” What is this? That is a bull worth 200 which gored a bull worth 200 and the cadaver is worth 50 zuz, in which case each owner takes half of the living bull and half from the cadaver.

MISHNAH: Two tame bulls which injured one another; one pays half for the excess damage. If both are notorious, one pays in full for the excess damage. One tame and one notorious; the notorious over the tame pays in full for the excess damage; the tame over the notorious pays half for the excess damage. Similarly, two people who injured one another pay in full for the excess damage. A human and a notorious animal, or a notorious animal and a human, one pays in full for the excess damage. A human and a tame animal; the human over the tame pays in full for the excess damage; the tame over the human pays half for the excess damage. Rebbi Akiba says, also a tame animal which injured a human pays the excess damage in full. A bull worth a mina which gored a bull worth 200 and the cadaver is not worth anything; he takes the bull. A bull worth 200 which gored a bull worth 200 and the cadaver is not worth anything; Rebbi Meïr said, about this case it was said: “They shall sell the living bull and split the proceeds.” Rebbi Jehudah said to him, you upheld “they shall sell the living bull and split the proceeds,” but you did not uphold “and also the cadaver they shall split.” What is this? That is a bull worth 200 which gored a bull worth 200 and the cadaver is worth 50 zuz, in which case each owner takes half of the living bull and half from the cadaver.

MISHNAH: Two tame bulls which injured one another; one pays half for the excess damage. If both are notorious, one pays in full for the excess damage. One tame and one notorious; the notorious over the tame pays in full for the excess damage; the tame over the notorious pays half for the excess damage. Similarly, two people who injured one another pay in full for the excess damage. A human and a notorious animal, or a notorious animal and a human, one pays in full for the excess damage. A human and a tame animal; the human over the tame pays in full for the excess damage; the tame over the human pays half for the excess damage. Rebbi Akiba says, also a tame animal which injured a human pays the excess damage in full. A bull worth a mina which gored a bull worth 200 and the cadaver is not worth anything; he takes the bull. A bull worth 200 which gored a bull worth 200 and the cadaver is not worth anything; Rebbi Meïr said, about this case it was said: “They shall sell the living bull and split the proceeds.” Rebbi Jehudah said to him, you upheld “they shall sell the living bull and split the proceeds,” but you did not uphold “and also the cadaver they shall split.” What is this? That is a bull worth 200 which gored a bull worth 200 and the cadaver is worth 50 zuz, in which case each owner takes half of the living bull and half from the cadaver.

MISHNAH: Two tame bulls which injured one another; one pays half for the excess damage. If both are notorious, one pays in full for the excess damage. One tame and one notorious; the notorious over the tame pays in full for the excess damage; the tame over the notorious pays half for the excess damage. Similarly, two people who injured one another pay in full for the excess damage. A human and a notorious animal, or a notorious animal and a human, one pays in full for the excess damage. A human and a tame animal; the human over the tame pays in full for the excess damage; the tame over the human pays half for the excess damage. Rebbi Akiba says, also a tame animal which injured a human pays the excess damage in full. A bull worth a mina which gored a bull worth 200 and the cadaver is not worth anything; he takes the bull. A bull worth 200 which gored a bull worth 200 and the cadaver is not worth anything; Rebbi Meïr said, about this case it was said: “They shall sell the living bull and split the proceeds.” Rebbi Jehudah said to him, you upheld “they shall sell the living bull and split the proceeds,” but you did not uphold “and also the cadaver they shall split.” What is this? That is a bull worth 200 which gored a bull worth 200 and the cadaver is worth 50 zuz, in which case each owner takes half of the living bull and half from the cadaver.

HALAKHAH: “A bull worth a mina” etc. “A bull worth a mina which gored a bull worth a mina; weakened (it) in the amount of 50 zuz; he takes the bull, for he gets only half the amount of the injury and therefore, if the bull died or was weakened, he only has that bull. A bull worth a mina which gored a bull worth 200 and weakened it in the amount of 50 zuz; then the second [bull] couter-attacked and injured it to the amount of three gold [denars]. The first pays half a gold denar to the second. A bull worth 200 which gored a bull worth 200. It increased in value and now is worth 400; but if it had not gored it, it would now be worth 800 zuz. If it improved before the trial it is judged as at the time of the damage. If it was weakened, it is judged as at the time of the trial.” Rebbi La said, so is the baraita: The agressor improved; if it improved before the trial it is judged as at the time of the damage; if it weakened, it is judged as at the time of the trial.

HALAKHAH: “A bull worth a mina” etc. “A bull worth a mina which gored a bull worth a mina; weakened (it) in the amount of 50 zuz; he takes the bull, for he gets only half the amount of the injury and therefore, if the bull died or was weakened, he only has that bull. A bull worth a mina which gored a bull worth 200 and weakened it in the amount of 50 zuz; then the second [bull] couter-attacked and injured it to the amount of three gold [denars]. The first pays half a gold denar to the second. A bull worth 200 which gored a bull worth 200. It increased in value and now is worth 400; but if it had not gored it, it would now be worth 800 zuz. If it improved before the trial it is judged as at the time of the damage. If it was weakened, it is judged as at the time of the trial.” Rebbi La said, so is the baraita: The agressor improved; if it improved before the trial it is judged as at the time of the damage; if it weakened, it is judged as at the time of the trial.

MISHNAH: If a bull was pursuing another bull which was damaged. This one says, your bull did the damage, but the other one says, it was hurt by a rock; the burden of proof is on the claimant. If two [bulls] were pursuing another [bull]; each of them says: your bull did the damage; neither of them is liable. But if they belonged to one owner, he is liable for both of them. If one was large, the other small. The person sustaining the damage says that the large one did the damage but the person causing the damage says that the small one did the damage, the burden of proof is on the claimant. If two were damaged, one large and one small, and the [bulls] doing the damage were two, one large and one small. The person sustaining the damage says that the large one damaged the large one and the small one the small; but the person causing the damage says that the small one did damage the large one and the large one the small. [Or] one tame and one notorious, the person sustaining the damage says that the notorious one damaged the large one and the tame one the small; but the person causing the damage says that the tame one did damage the large one and the notorious one the small. The burden of proof is on the claimant.

MISHNAH: If a bull was pursuing another bull which was damaged. This one says, your bull did the damage, but the other one says, it was hurt by a rock; the burden of proof is on the claimant. If two [bulls] were pursuing another [bull]; each of them says: your bull did the damage; neither of them is liable. But if they belonged to one owner, he is liable for both of them. If one was large, the other small. The person sustaining the damage says that the large one did the damage but the person causing the damage says that the small one did the damage, the burden of proof is on the claimant. If two were damaged, one large and one small, and the [bulls] doing the damage were two, one large and one small. The person sustaining the damage says that the large one damaged the large one and the small one the small; but the person causing the damage says that the small one did damage the large one and the large one the small. [Or] one tame and one notorious, the person sustaining the damage says that the notorious one damaged the large one and the tame one the small; but the person causing the damage says that the tame one did damage the large one and the notorious one the small. The burden of proof is on the claimant.

MISHNAH: If a bull was pursuing another bull which was damaged. This one says, your bull did the damage, but the other one says, it was hurt by a rock; the burden of proof is on the claimant. If two [bulls] were pursuing another [bull]; each of them says: your bull did the damage; neither of them is liable. But if they belonged to one owner, he is liable for both of them. If one was large, the other small. The person sustaining the damage says that the large one did the damage but the person causing the damage says that the small one did the damage, the burden of proof is on the claimant. If two were damaged, one large and one small, and the [bulls] doing the damage were two, one large and one small. The person sustaining the damage says that the large one damaged the large one and the small one the small; but the person causing the damage says that the small one did damage the large one and the large one the small. [Or] one tame and one notorious, the person sustaining the damage says that the notorious one damaged the large one and the tame one the small; but the person causing the damage says that the tame one did damage the large one and the notorious one the small. The burden of proof is on the claimant.

MISHNAH: If a bull was pursuing another bull which was damaged. This one says, your bull did the damage, but the other one says, it was hurt by a rock; the burden of proof is on the claimant. If two [bulls] were pursuing another [bull]; each of them says: your bull did the damage; neither of them is liable. But if they belonged to one owner, he is liable for both of them. If one was large, the other small. The person sustaining the damage says that the large one did the damage but the person causing the damage says that the small one did the damage, the burden of proof is on the claimant. If two were damaged, one large and one small, and the [bulls] doing the damage were two, one large and one small. The person sustaining the damage says that the large one damaged the large one and the small one the small; but the person causing the damage says that the small one did damage the large one and the large one the small. [Or] one tame and one notorious, the person sustaining the damage says that the notorious one damaged the large one and the tame one the small; but the person causing the damage says that the tame one did damage the large one and the notorious one the small. The burden of proof is on the claimant.

MISHNAH: If a bull was pursuing another bull which was damaged. This one says, your bull did the damage, but the other one says, it was hurt by a rock; the burden of proof is on the claimant. If two [bulls] were pursuing another [bull]; each of them says: your bull did the damage; neither of them is liable. But if they belonged to one owner, he is liable for both of them. If one was large, the other small. The person sustaining the damage says that the large one did the damage but the person causing the damage says that the small one did the damage, the burden of proof is on the claimant. If two were damaged, one large and one small, and the [bulls] doing the damage were two, one large and one small. The person sustaining the damage says that the large one damaged the large one and the small one the small; but the person causing the damage says that the small one did damage the large one and the large one the small. [Or] one tame and one notorious, the person sustaining the damage says that the notorious one damaged the large one and the tame one the small; but the person causing the damage says that the tame one did damage the large one and the notorious one the small. The burden of proof is on the claimant.

MISHNAH: If a bull was pursuing another bull which was damaged. This one says, your bull did the damage, but the other one says, it was hurt by a rock; the burden of proof is on the claimant. If two [bulls] were pursuing another [bull]; each of them says: your bull did the damage; neither of them is liable. But if they belonged to one owner, he is liable for both of them. If one was large, the other small. The person sustaining the damage says that the large one did the damage but the person causing the damage says that the small one did the damage, the burden of proof is on the claimant. If two were damaged, one large and one small, and the [bulls] doing the damage were two, one large and one small. The person sustaining the damage says that the large one damaged the large one and the small one the small; but the person causing the damage says that the small one did damage the large one and the large one the small. [Or] one tame and one notorious, the person sustaining the damage says that the notorious one damaged the large one and the tame one the small; but the person causing the damage says that the tame one did damage the large one and the notorious one the small. The burden of proof is on the claimant.

MISHNAH: If a bull was pursuing another bull which was damaged. This one says, your bull did the damage, but the other one says, it was hurt by a rock; the burden of proof is on the claimant. If two [bulls] were pursuing another [bull]; each of them says: your bull did the damage; neither of them is liable. But if they belonged to one owner, he is liable for both of them. If one was large, the other small. The person sustaining the damage says that the large one did the damage but the person causing the damage says that the small one did the damage, the burden of proof is on the claimant. If two were damaged, one large and one small, and the [bulls] doing the damage were two, one large and one small. The person sustaining the damage says that the large one damaged the large one and the small one the small; but the person causing the damage says that the small one did damage the large one and the large one the small. [Or] one tame and one notorious, the person sustaining the damage says that the notorious one damaged the large one and the tame one the small; but the person causing the damage says that the tame one did damage the large one and the notorious one the small. The burden of proof is on the claimant.

MISHNAH: If a bull was pursuing another bull which was damaged. This one says, your bull did the damage, but the other one says, it was hurt by a rock; the burden of proof is on the claimant. If two [bulls] were pursuing another [bull]; each of them says: your bull did the damage; neither of them is liable. But if they belonged to one owner, he is liable for both of them. If one was large, the other small. The person sustaining the damage says that the large one did the damage but the person causing the damage says that the small one did the damage, the burden of proof is on the claimant. If two were damaged, one large and one small, and the [bulls] doing the damage were two, one large and one small. The person sustaining the damage says that the large one damaged the large one and the small one the small; but the person causing the damage says that the small one did damage the large one and the large one the small. [Or] one tame and one notorious, the person sustaining the damage says that the notorious one damaged the large one and the tame one the small; but the person causing the damage says that the tame one did damage the large one and the notorious one the small. The burden of proof is on the claimant.

MISHNAH: If a bull was pursuing another bull which was damaged. This one says, your bull did the damage, but the other one says, it was hurt by a rock; the burden of proof is on the claimant. If two [bulls] were pursuing another [bull]; each of them says: your bull did the damage; neither of them is liable. But if they belonged to one owner, he is liable for both of them. If one was large, the other small. The person sustaining the damage says that the large one did the damage but the person causing the damage says that the small one did the damage, the burden of proof is on the claimant. If two were damaged, one large and one small, and the [bulls] doing the damage were two, one large and one small. The person sustaining the damage says that the large one damaged the large one and the small one the small; but the person causing the damage says that the small one did damage the large one and the large one the small. [Or] one tame and one notorious, the person sustaining the damage says that the notorious one damaged the large one and the tame one the small; but the person causing the damage says that the tame one did damage the large one and the notorious one the small. The burden of proof is on the claimant.

MISHNAH: If a bull was pursuing another bull which was damaged. This one says, your bull did the damage, but the other one says, it was hurt by a rock; the burden of proof is on the claimant. If two [bulls] were pursuing another [bull]; each of them says: your bull did the damage; neither of them is liable. But if they belonged to one owner, he is liable for both of them. If one was large, the other small. The person sustaining the damage says that the large one did the damage but the person causing the damage says that the small one did the damage, the burden of proof is on the claimant. If two were damaged, one large and one small, and the [bulls] doing the damage were two, one large and one small. The person sustaining the damage says that the large one damaged the large one and the small one the small; but the person causing the damage says that the small one did damage the large one and the large one the small. [Or] one tame and one notorious, the person sustaining the damage says that the notorious one damaged the large one and the tame one the small; but the person causing the damage says that the tame one did damage the large one and the notorious one the small. The burden of proof is on the claimant.

MISHNAH: If a bull was pursuing another bull which was damaged. This one says, your bull did the damage, but the other one says, it was hurt by a rock; the burden of proof is on the claimant. If two [bulls] were pursuing another [bull]; each of them says: your bull did the damage; neither of them is liable. But if they belonged to one owner, he is liable for both of them. If one was large, the other small. The person sustaining the damage says that the large one did the damage but the person causing the damage says that the small one did the damage, the burden of proof is on the claimant. If two were damaged, one large and one small, and the [bulls] doing the damage were two, one large and one small. The person sustaining the damage says that the large one damaged the large one and the small one the small; but the person causing the damage says that the small one did damage the large one and the large one the small. [Or] one tame and one notorious, the person sustaining the damage says that the notorious one damaged the large one and the tame one the small; but the person causing the damage says that the tame one did damage the large one and the notorious one the small. The burden of proof is on the claimant.

MISHNAH: If a bull was pursuing another bull which was damaged. This one says, your bull did the damage, but the other one says, it was hurt by a rock; the burden of proof is on the claimant. If two [bulls] were pursuing another [bull]; each of them says: your bull did the damage; neither of them is liable. But if they belonged to one owner, he is liable for both of them. If one was large, the other small. The person sustaining the damage says that the large one did the damage but the person causing the damage says that the small one did the damage, the burden of proof is on the claimant. If two were damaged, one large and one small, and the [bulls] doing the damage were two, one large and one small. The person sustaining the damage says that the large one damaged the large one and the small one the small; but the person causing the damage says that the small one did damage the large one and the large one the small. [Or] one tame and one notorious, the person sustaining the damage says that the notorious one damaged the large one and the tame one the small; but the person causing the damage says that the tame one did damage the large one and the notorious one the small. The burden of proof is on the claimant.

MISHNAH: If a bull was pursuing another bull which was damaged. This one says, your bull did the damage, but the other one says, it was hurt by a rock; the burden of proof is on the claimant. If two [bulls] were pursuing another [bull]; each of them says: your bull did the damage; neither of them is liable. But if they belonged to one owner, he is liable for both of them. If one was large, the other small. The person sustaining the damage says that the large one did the damage but the person causing the damage says that the small one did the damage, the burden of proof is on the claimant. If two were damaged, one large and one small, and the [bulls] doing the damage were two, one large and one small. The person sustaining the damage says that the large one damaged the large one and the small one the small; but the person causing the damage says that the small one did damage the large one and the large one the small. [Or] one tame and one notorious, the person sustaining the damage says that the notorious one damaged the large one and the tame one the small; but the person causing the damage says that the tame one did damage the large one and the notorious one the small. The burden of proof is on the claimant.

Rebbi Joḥanan said, as a matter of principle one does not appoint guardians for orphans to their detriment, but only to their profit; but if they are detrimental, they are detrimental. Rebbi Yose bar Ḥanina said, neither as a matter of principle nor as a reaction, neither for profit nor for detriment. A Mishnah disagrees with Rebbi Yose bar Ḥanina: “One appoints a guardian for them” There is a difference about an ox, lest it continue to cause damage.

If a bull of orphans and guardians went out and did damage, what is the rule? Rebbi Joḥanan said, [the damage is paid] from the orphan’s property. For if you say from the guardians’, nobody ever will agree to become a guardian. Rebbi Yose ben Ḥanina said, from the guardians’. Rebbi Yose ben Ḥanina follows Abba Shaul and Rebbi Joḥanan the rabbis, as it was stated there: “A guardian appointed by the orphans’ father shall be made to swear; if he was appointed by the court he shall not be made to swear,” for the court will check him out. “Abba Shaul says, it is the other way around,” a guardian appointed by the orphans’ father shall not be made to swear; it would be as if he would take a pledge from him. If he was appointed by the court he shall be made to swear, since a person will do much to be called trustworthy.

If a bull of orphans and guardians went out and did damage, what is the rule? Rebbi Joḥanan said, [the damage is paid] from the orphan’s property. For if you say from the guardians’, nobody ever will agree to become a guardian. Rebbi Yose ben Ḥanina said, from the guardians’. Rebbi Yose ben Ḥanina follows Abba Shaul and Rebbi Joḥanan the rabbis, as it was stated there: “A guardian appointed by the orphans’ father shall be made to swear; if he was appointed by the court he shall not be made to swear,” for the court will check him out. “Abba Shaul says, it is the other way around,” a guardian appointed by the orphans’ father shall not be made to swear; it would be as if he would take a pledge from him. If he was appointed by the court he shall be made to swear, since a person will do much to be called trustworthy.

Abba bar Rab Huna said: This implies that somebody who hit another person’s animal which as a consequence went and did damage is responsible for the damage caused.

Abba bar Rab Huna said: This implies that somebody who hit another person’s animal which as a consequence went and did damage is responsible for the damage caused.

If somebody sells a bull to another person and it turns out to be goring. Rav said, it is an acquisition in error, but Samuel says, he can tell him: I sold it to you to be slaughtered. “He shall give weregilt for his person.” Some Tannaїm state: The attacker’s person. Some Tannaїm state: The person suffering the damage. Following him who said, the person suffering the damage, [assume] the first one injured him fatally and then the second came and kept him in confusion. If you say that damages are fully required, the first one pays damages and the second pays the weregilt. If you say that damages are not fully required, the first one pays weregilt but the second is not liable. Following him who said, the attacker’s person, if you say that damages are fully required, the first one pays weregilt and the second is not liable. If you say that damages are not fully required, neither one is liable.

If somebody sells a bull to another person and it turns out to be goring. Rav said, it is an acquisition in error, but Samuel says, he can tell him: I sold it to you to be slaughtered. “He shall give weregilt for his person.” Some Tannaїm state: The attacker’s person. Some Tannaїm state: The person suffering the damage. Following him who said, the person suffering the damage, [assume] the first one injured him fatally and then the second came and kept him in confusion. If you say that damages are fully required, the first one pays damages and the second pays the weregilt. If you say that damages are not fully required, the first one pays weregilt but the second is not liable. Following him who said, the attacker’s person, if you say that damages are fully required, the first one pays weregilt and the second is not liable. If you say that damages are not fully required, neither one is liable.

MISHNAH: If it was handed over to an unpaid trustee, or a borrower, or a paid trustee, or a lessee, they entered instead of the owner; a notorious animal pays full damages, a tame one half damages. If he tied it down with a rope and locked it in as he should, if then it broke out and caused damage he is liable whether tame or notorious. Rebbi Jehudah says, for the tame he is liable, for the notorious he is not liable since it was said: “if its owner would not guard it,” but it was guarded. Rebbi Eliezer says, this one can be guarded only by the knife.

HALAKHAH: “If it was handed over to an unpaid trustee,” etc. Rebbi Eleazar said, the words of Rebbi Meïr that watching for damages is on the level of an unpaid trustee; Rebbi Jehuda said that watching for damages is on the level of a paid trustee. Rebbi Eleazar said, the words of Rebbi Meïr: If one handed over a bull to an unpaid trustee, if it went off and did damage, he is not liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. Rebbi Eleazar said, the words of Rebbi Jehudah: If one handed over a notorious bull to an unpaid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is liable. Rebbi Eleazar said, was it not watched? But the Torah declared him liable. Rebbi Eleazar said, for every guarding required by the Torah, even if it was done by enclosing in an iron wall, one only qualifies by personal presence. Therefore one determines whether he is qualified for watching; then he is not liable, otherwise he is liable.

HALAKHAH: “If it was handed over to an unpaid trustee,” etc. Rebbi Eleazar said, the words of Rebbi Meïr that watching for damages is on the level of an unpaid trustee; Rebbi Jehuda said that watching for damages is on the level of a paid trustee. Rebbi Eleazar said, the words of Rebbi Meïr: If one handed over a bull to an unpaid trustee, if it went off and did damage, he is not liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. Rebbi Eleazar said, the words of Rebbi Jehudah: If one handed over a notorious bull to an unpaid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is liable. Rebbi Eleazar said, was it not watched? But the Torah declared him liable. Rebbi Eleazar said, for every guarding required by the Torah, even if it was done by enclosing in an iron wall, one only qualifies by personal presence. Therefore one determines whether he is qualified for watching; then he is not liable, otherwise he is liable.

HALAKHAH: “If it was handed over to an unpaid trustee,” etc. Rebbi Eleazar said, the words of Rebbi Meïr that watching for damages is on the level of an unpaid trustee; Rebbi Jehuda said that watching for damages is on the level of a paid trustee. Rebbi Eleazar said, the words of Rebbi Meïr: If one handed over a bull to an unpaid trustee, if it went off and did damage, he is not liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. Rebbi Eleazar said, the words of Rebbi Jehudah: If one handed over a notorious bull to an unpaid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is liable. Rebbi Eleazar said, was it not watched? But the Torah declared him liable. Rebbi Eleazar said, for every guarding required by the Torah, even if it was done by enclosing in an iron wall, one only qualifies by personal presence. Therefore one determines whether he is qualified for watching; then he is not liable, otherwise he is liable.

HALAKHAH: “If it was handed over to an unpaid trustee,” etc. Rebbi Eleazar said, the words of Rebbi Meïr that watching for damages is on the level of an unpaid trustee; Rebbi Jehuda said that watching for damages is on the level of a paid trustee. Rebbi Eleazar said, the words of Rebbi Meïr: If one handed over a bull to an unpaid trustee, if it went off and did damage, he is not liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. Rebbi Eleazar said, the words of Rebbi Jehudah: If one handed over a notorious bull to an unpaid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is not liable. To a paid trustee, if it went off and did damage, he is liable; if it went out and became torn, he is liable. Rebbi Eleazar said, was it not watched? But the Torah declared him liable. Rebbi Eleazar said, for every guarding required by the Torah, even if it was done by enclosing in an iron wall, one only qualifies by personal presence. Therefore one determines whether he is qualified for watching; then he is not liable, otherwise he is liable.

MISHNAH: A bull gored a cow and her fetus was found beside her. If it is not known whether she gave birth before she was gored or gave birth after she was gored, he pays half the damages for the cow and a quarter for the fetus. And similarly, if a cow gored an ox and her calf is found next to her, but it is not known whether she gave birth before or after she gored, he pays half the damage from the cow and a quarter from the calf.

And Rebbi Yannai said, so is the Mishnah: He pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow. Rebbi Yose said, each of them gives half. What is the difference between them? If the calves died. According to him who said, he pays half of the damage from the cow and a quarter of the damage from the calf, each one pays his part of the damage. According to him who said, he pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow, one pays the damage, but the other one says, I did not want these, here they are before you.

And Rebbi Yannai said, so is the Mishnah: He pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow. Rebbi Yose said, each of them gives half. What is the difference between them? If the calves died. According to him who said, he pays half of the damage from the cow and a quarter of the damage from the calf, each one pays his part of the damage. According to him who said, he pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow, one pays the damage, but the other one says, I did not want these, here they are before you.

And Rebbi Yannai said, so is the Mishnah: He pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow. Rebbi Yose said, each of them gives half. What is the difference between them? If the calves died. According to him who said, he pays half of the damage from the cow and a quarter of the damage from the calf, each one pays his part of the damage. According to him who said, he pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow, one pays the damage, but the other one says, I did not want these, here they are before you.

And Rebbi Yannai said, so is the Mishnah: He pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow. Rebbi Yose said, each of them gives half. What is the difference between them? If the calves died. According to him who said, he pays half of the damage from the cow and a quarter of the damage from the calf, each one pays his part of the damage. According to him who said, he pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow, one pays the damage, but the other one says, I did not want these, here they are before you.

And Rebbi Yannai said, so is the Mishnah: He pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow. Rebbi Yose said, each of them gives half. What is the difference between them? If the calves died. According to him who said, he pays half of the damage from the cow and a quarter of the damage from the calf, each one pays his part of the damage. According to him who said, he pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow, one pays the damage, but the other one says, I did not want these, here they are before you.

And Rebbi Yannai said, so is the Mishnah: He pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow. Rebbi Yose said, each of them gives half. What is the difference between them? If the calves died. According to him who said, he pays half of the damage from the cow and a quarter of the damage from the calf, each one pays his part of the damage. According to him who said, he pays half of the damage from the cow and the owner of the calves returns a quarter to the owner of the cow, one pays the damage, but the other one says, I did not want these, here they are before you.

MISHNAH: He who brings a flock into a corral and locks them in as he should, but they managed to get out and caused damage, is liable. If they broke out in the night or robbers broke in and they managed to get out and caused damage, he is not liable. If robbers let them out, the robbers are liable.

MISHNAH: He who brings a flock into a corral and locks them in as he should, but they managed to get out and caused damage, is liable. If they broke out in the night or robbers broke in and they managed to get out and caused damage, he is not liable. If robbers let them out, the robbers are liable.

MISHNAH: If he left it in the sun or handed it over to a deaf-and-dumb, an insane, or an underage person, he is liable. If he handed it over to a shepherd, the shepherd takes his place. If it fell into a garden and caused damage, it pays for what it profited. If it entered in due course, it pays for what it damaged. How does it pay for what it damaged? One estimates a bet se’ah of the field; how much was it worth and how much is it worth. Rebbi Simeon says, if it ate ripe produce it pays for ripe produce, whether one or two se’ah.

“If he handed it over to a shepherd, the shepherd takes his place. If it fell into a garden and caused damage, he pays for what it profited.” Rav Huna said, if it fell on vegetables. But if it stood up and grazed, he pays for what it damaged.

MISHNAH: If a spark came from under a hammer and caused damage, he is liable. If a camel was loaded with flax and while it walked in the public domain the flax entered a store, was lit by the storekeeper’s light, and set the building on fire, the camel’s owner is liable. If the store owner put his light outside, the store owner is liable. Rebbi Jehudah says, in case of a Ḥanukkah light he is not liable.

MISHNAH: Loss of earnings. One considers him as if he were a watchman of pumpkins since he already compensated him for the loss of his hand or loss of his foot. Embarrassment. Everything depends on the person embarrassing and the one embarrassed. One who embarrassed a naked person, or embarrassed a blind person, or embarrassed a sleeping person is liable, but the sleeper who embarrassed is not liable. If a person fell from a roof and caused damage and embarrassed, he is liable for the damage but not liable for the embarrassment since is was said: “She reached out with her hand and grabbed him at his private parts;” one is not liable for embarrassment unless if was intended.

MISHNAH: Loss of earnings. One considers him as if he were a watchman of pumpkins since he already compensated him for the loss of his hand or loss of his foot. Embarrassment. Everything depends on the person embarrassing and the one embarrassed. One who embarrassed a naked person, or embarrassed a blind person, or embarrassed a sleeping person is liable, but the sleeper who embarrassed is not liable. If a person fell from a roof and caused damage and embarrassed, he is liable for the damage but not liable for the embarrassment since is was said: “She reached out with her hand and grabbed him at his private parts;” one is not liable for embarrassment unless if was intended.

MISHNAH: If one gave something to artisans to repair and they broke it, they are liable. If one gave a chest, a box, or a cupboard to a woodworker to repair and he broke it, he is liable. And the builder who contracted to take down a wall is liable to pay if he ruined the stones or caused damage. If he was taking it down on one side when if collapsed on the other side he is not liable, but when it happened because of the pounding he is liable.

MISHNAH: If the publicans took his donkey and gave him another donkey, or armed robbers took his garment and gave him another garment, they are his since the owners had given up hope of recovery. Things saved from a flood or from armed robbers are his if the owners had given up hope of recovery. Similarly, a swarm of bees is his if the owners had given up hope of recovery. Rebbi Joḥanan ben Beroqa said, a woman or a child are trusted if they say: “This swarm of bees came from here.” [The beekeeper] may enter another’s field to take his swarm; if he caused damage he has to pay what he damaged, but he cannot cut off a branch intending to pay for it. Rebbi Ismael, Rebbi Joḥanan ben Beroqa’s son, said: he may even cut a branch and pay for it.

MISHNAH: And so an olive press built into a rock with a vegetable garden on its top: If it caved in, the garden’s owner may sow on the bottom until he build cupolas on his olive press. If a wall or a tree fell into the public domain and caused damage, he is not liable to pay. If he was given an order to tear down the wall or cut down the tree; within the term he is not liable, after the term he is liable.

MISHNAH: Somebody’s wall bordering on another’s vegetable garden collapsed. That one told him, remove your stones; if he said, they are yours, one does not listen to him. If after the other had accepted, he told him: here are your expenses and I shall take what is mine, one does not listen to him. Somebody hired a worker to work on straw and chaff. When he said to him, pay me my wages, he answered, take what you worked on as your wages, one does not listen to him. If after the other had accepted, he told him: here are your wages and I shall take what is mine, one does not listen to him. If somebody brought his manure into the public domain, he who brings, brings, and he who uses it to manure, manures. One does not soak loam in the public domain nor does one form bricks; one kneads loam in the public domain but not bricks. If somebody builds in the public domain and somebody brings stones; he who brings, brings, and he who builds, builds; but if he caused damage, he pays for what he damaged. Rabban Simeon ben Gamliel says, also he has to prepare his work 30 days in advance.

HALAKHAH: “A person may not dig a cistern,” etc. So is the Mishnah: “[A person may not dig a cistern close to the wall of his neighbor’s cistern. Nor a ditch, nor a cave, nor a water canal, nor a washer’s pond except if he distanced himself from his neighbor’s wall three handbreadths] and lined with lime. If he lined with lime, any distance. If he did not line with lime, three handbreadths. From the following: “One removes olive peat, and manure, and salt, and lime, and rocks from his neighbor’s wall three handbreadths or lines with lime.” Here you say, because rocks generate heat. But there you say that they do not generate heat. Rebbi Yose said, in no case do rocks generate heat. But because they loosen the earth and damage the ground around the wall.

MISHNAH: A person should not put an oven in the house unless there be above it a space of four cubits; or if he puts it on the upper floor unless there be under it insulating material three handbreadths and for a stove one handbreadth But if he caused damage, he must pay what he damaged. Rebbi Simeon said, the reason they indicated these measures is that he not be liable to pay if he caused any damage,.

MISHNAH: A person should not put an oven in the house unless there be above it a space of four cubits; or if he puts it on the upper floor unless there be under it insulating material three handbreadths and for a stove one handbreadth But if he caused damage, he must pay what he damaged. Rebbi Simeon said, the reason they indicated these measures is that he not be liable to pay if he caused any damage,.

HALAKHAH: “A person should not put,” etc. It was stated: Nor a smithy. Rav Qarna stated: If he was like a metal worker, or it was built originally as a smithy, it is permitted. How is it in front of his dwelling? Rebbi Aḥa said, certainly not in front of his dwelling. Rebbi Jonathan said, a person causing damage has no claim of undisturbed posession. Rebbi Joshua said, the rabbis object to permanent smoke. As the following: A woman was burning sand below [the apartment of] Rebbi Ilfay. He wanted to object to her. The case came before Rebbi Nasa who said, they said it only about continuous smoke.

MISHNAH: One distances a tree from a town by 25 cubits; but carob tree or sycamore by 50 cubits; Abba Shaul says, every non-fruit tree by 50 cubits. If the town existed before the tree, one cuts it down and does not pay for it; if the tree existed before the town, one cuts it down and pays for it. If there is a doubt which one existed before the other, one cuts it down but does not pay. One distances a threshing floor 50 cubits from the town. A person shall not make a threshing floor on his property unless he owns 50 cubits in each direction. He distances it from another’s orchards or ploughed field so that he will not cause damage.

He was with David at Efes Dammim. Rebbi Joḥanan said, at the red field. But Rebbi Samuel said, from there the money stopped. The Philistines assembled, etc. Rebbi Jacob from Kefar Ḥanan said, they were lentils but a kernel was as good as a barley grain. Rebbi Levi said, this describes the Philistines who came straight as barley and went away low as lentils, as one verse says, there was a field full of barley, and one said, full of lentils. Rebbi Samuel bar Naḥman said, it was one year but concerning two fields, one of barley and one of lentils. It was obvious to him that he might destroy it and pay for the damage. Perhaps it was obvious to him that he might destroy it and not pay for the damage? Which one might he destroy and for which one would he have to pay? For the one of lentils or the one of barley? For the one of lentils grows human food, the one of barley animal feed. The one of lentils will not be obligated for ḥallah, barley will be obligated for ḥallah. The ˋomer comes from barley; ˋomer cannot be brought from lentils. But the rabbis said, it was one field and two years. Does one infer from last year, or does one not infer from one year to the next? They stood up in the property and saved it. One verse says, they saved it, and one says, he saved it. This shows that he returned it to its owner and it was dear to him as if it had been a field of saffron.

He was with David at Efes Dammim. Rebbi Joḥanan said, at the red field. But Rebbi Samuel said, from there the money stopped. The Philistines assembled, etc. Rebbi Jacob from Kefar Ḥanan said, they were lentils but a kernel was as good as a barley grain. Rebbi Levi said, this describes the Philistines who came straight as barley and went away low as lentils, as one verse says, there was a field full of barley, and one said, full of lentils. Rebbi Samuel bar Naḥman said, it was one year but concerning two fields, one of barley and one of lentils. It was obvious to him that he might destroy it and pay for the damage. Perhaps it was obvious to him that he might destroy it and not pay for the damage? Which one might he destroy and for which one would he have to pay? For the one of lentils or the one of barley? For the one of lentils grows human food, the one of barley animal feed. The one of lentils will not be obligated for ḥallah, barley will be obligated for ḥallah. The ˋomer comes from barley; ˋomer cannot be brought from lentils. But the rabbis said, it was one field and two years. Does one infer from last year, or does one not infer from one year to the next? They stood up in the property and saved it. One verse says, they saved it, and one says, he saved it. This shows that he returned it to its owner and it was dear to him as if it had been a field of saffron.

The following is obvious: A murderer who broke vessels or otherwise caused damage is liable to pay. If he continued to break until he came to the town, Rebbi Zeˋira and Rebbi Hoshaia: One said, he pays, the other said, he does not pay. If the pursuer becomes the pursued, may one save the pursuer through the person of the pursued? An adult (who became) a minor, may one save the adult through the person of the minor? Rebbi Jeremiah objected, did we not state: “If his head and most of his body were born, one does not touch him, for one does not push aside one life for another.” Rebbi Yose ben Rebbi Abun said in the name of Rav Ḥisda: It is different there since you do not know who is killing whom.

“One who whispers over a wound and says, any sickness that I put on Egypt I shall not put on you, for I am the Eternal, your Healer.” Rav said, only one who spits. Rebbi Joshua ben Levi said, even if he only said, damage by skin disease if it be on a human and spits, he has no part in the Future World.

Rebbi Joḥanan said, a stele is a monolith, an altar has many stones. Ḥizqiah said, a stele is annulled once it is damaged; of an altar one has to damage each single stone. A baraita of Ḥizqiah disagrees with him: If you tore down the altar, leave it alone; if you broke the stele, leave it alone . Rebbi Ze`ira, Rebbi Isaac bar Naḥman in the name of Rebbi Hoshaia; Rebbi Ḥiyya (Rebbi) Abba, Rebbi Eleazar in the name of Rav Hoshaia: When He turns all stones of the altar like smashed pieces of chalk, persecute them until you eliminated its egg from the world. But here, if you broke a stele, leave it alone; if you tore down an altar, leave it alone.

In Droḳeret, a town of five hundred men, there died once three men in one day, wherefore R. Naḥman b. R. Ḥisda intended to decree a public fast. R. Naḥman b. Isaac, however, said to him: In accordance with whose view do you intend to do this? That of R. Meir, who said, if an ox that gores at long intervals (three times in three days) has to pay the full damage, all the more so one that gores at short intervals (three times in one day)? Said R. Naḥman b. R. Ḥisda to R. Naḥman b. Isaac: "Come and take a seat beside me," to which the latter replied: I hold to what is taught in a Baraita: R. Jose said: It is not the place that honors the man, but it is the man that honors the place, for thus we find that as long as the Shekinah was present on Sinai, the law was (Exod., 34. 3): "Neither let the flocks nor herds feed before that mount," but as soon as the Shekinah departed from there, the Torah prescribed (ib., 19.13): "When the ram's horn soundeth long, they shall come up to the mount." The same, we find, was the case with the tent of meeting, namely, when the tent was pitched, the order of the Torah was (Numbers, 5. 2): "They shall put out of the camp every leper, and every one that hath an issue," but as soon as the curtains were folded up (for removing the tent), those that had an issue as well as lepers were permitted to enter. "Then I shall come to your place," said Naḥman b. R. Ḥisda. R. Naḥman b. Isaac, however, replied, "It is proper that an eminent man who is the son of one less eminent, should go to one who is eminent and is the son of an eminent man, but it is not proper that a man of eminence who is the son of an eminent man should go to an eminent man who is the son of one less eminent."

R. Judah was apprised of the appearance of locusts and ordered a public fast. The people, however, told him that the locusts were not doing any damage, whereupon he remarked, "Did the locusts bring along provisions?"

R. Ḥanina had some goats and was told that they were damaging people's property. Said he: "If they really do damage, may bears devour them, but if not, may they bring the bears impaled on their horns." In the evening each of the goats brought a bear on its horns.

For we have been sold, I and my people etc . . . For the adversary is not worth the damage to the king” (Esther 7:4). She said to him: This adversary cares not for the damage of the king. He was angry with Vashti and killed her, and he is angry with me and wants to kill me.

For we have been sold, I and my people etc . . . For the adversary is not worth the damage to the king” (Esther 7:4). She said to him: This adversary cares not for the damage of the king. He was angry with Vashti and killed her, and he is angry with me and wants to kill me.