My LORD’s Bibledamages
229 occurrences across the corpus
The Jerusalem Talmud
Rebbi Yasa in the name of Rebbi Joḥanan: A condominium courtyard is obligated. Rebbi Yasa said: and I deduced that from what Rebbi Hoshaia stated: Four principles about damages Rebbi Simeon ben Eleazar enunciated in Rebbi Meїr’s name: Any place which is permitted to both the person who sustained the damage and the person who caused it, such as a hostelry or a condominium courtyard and similar situations, he is not liable for tooth and foot; for goring, and hitting, and biting, and wallowing, and kicking, and pushing by a tame animal he pays half the damages, for a notorious one he pays full damages from [real estate] of the best quality. [Permitted] to the person who sustained the damage but not the person who caused it, he pays everyting. [Permitted] to the person who caused the damage but not the person who sustained it, he is free from everything. And everybody agrees that if neither of them had access, as a valley or public property and similar situations, he is not liable for tooth and foot; for goring, and hitting, and biting, and wallowing, and kicking, and pushing from a tame animal he pays half the damages, for a notorious one he pays full damages from his storage room.
Rebbi Yasa in the name of Rebbi Joḥanan: A condominium courtyard is obligated. Rebbi Yasa said: and I deduced that from what Rebbi Hoshaia stated: Four principles about damages Rebbi Simeon ben Eleazar enunciated in Rebbi Meїr’s name: Any place which is permitted to both the person who sustained the damage and the person who caused it, such as a hostelry or a condominium courtyard and similar situations, he is not liable for tooth and foot; for goring, and hitting, and biting, and wallowing, and kicking, and pushing by a tame animal he pays half the damages, for a notorious one he pays full damages from [real estate] of the best quality. [Permitted] to the person who sustained the damage but not the person who caused it, he pays everyting. [Permitted] to the person who caused the damage but not the person who sustained it, he is free from everything. And everybody agrees that if neither of them had access, as a valley or public property and similar situations, he is not liable for tooth and foot; for goring, and hitting, and biting, and wallowing, and kicking, and pushing from a tame animal he pays half the damages, for a notorious one he pays full damages from his storage room.
Rebbi Yasa in the name of Rebbi Joḥanan: A condominium courtyard is obligated. Rebbi Yasa said: and I deduced that from what Rebbi Hoshaia stated: Four principles about damages Rebbi Simeon ben Eleazar enunciated in Rebbi Meїr’s name: Any place which is permitted to both the person who sustained the damage and the person who caused it, such as a hostelry or a condominium courtyard and similar situations, he is not liable for tooth and foot; for goring, and hitting, and biting, and wallowing, and kicking, and pushing by a tame animal he pays half the damages, for a notorious one he pays full damages from [real estate] of the best quality. [Permitted] to the person who sustained the damage but not the person who caused it, he pays everyting. [Permitted] to the person who caused the damage but not the person who sustained it, he is free from everything. And everybody agrees that if neither of them had access, as a valley or public property and similar situations, he is not liable for tooth and foot; for goring, and hitting, and biting, and wallowing, and kicking, and pushing from a tame animal he pays half the damages, for a notorious one he pays full damages from his storage room.
Rebbi Yasa in the name of Rebbi Joḥanan: A condominium courtyard is obligated. Rebbi Yasa said: and I deduced that from what Rebbi Hoshaia stated: Four principles about damages Rebbi Simeon ben Eleazar enunciated in Rebbi Meїr’s name: Any place which is permitted to both the person who sustained the damage and the person who caused it, such as a hostelry or a condominium courtyard and similar situations, he is not liable for tooth and foot; for goring, and hitting, and biting, and wallowing, and kicking, and pushing by a tame animal he pays half the damages, for a notorious one he pays full damages from [real estate] of the best quality. [Permitted] to the person who sustained the damage but not the person who caused it, he pays everyting. [Permitted] to the person who caused the damage but not the person who sustained it, he is free from everything. And everybody agrees that if neither of them had access, as a valley or public property and similar situations, he is not liable for tooth and foot; for goring, and hitting, and biting, and wallowing, and kicking, and pushing from a tame animal he pays half the damages, for a notorious one he pays full damages from his storage room.
HALAKHAH: “Five harmless and five notorious animals,” etc. Rebbi Joḥanan said, this follows Rebbi Ṭarphon: “In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages.”
HALAKHAH: “Five harmless and five notorious animals,” etc. Rebbi Joḥanan said, this follows Rebbi Ṭarphon: “In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages.”
MISHNAH: The wolf and the lion, the bear, and the tiger, and the panther, and the snake, are notorious. Rebbi Eliezer says, when they are trained they are not notorious; except for the snake which always is notorious. What is the difference between tame and notorious? The tame pays half the damages from its body and the notorious pays full damages from the storage room.
MISHNAH: The wolf and the lion, the bear, and the tiger, and the panther, and the snake, are notorious. Rebbi Eliezer says, when they are trained they are not notorious; except for the snake which always is notorious. What is the difference between tame and notorious? The tame pays half the damages from its body and the notorious pays full damages from the storage room.
MISHNAH: How is the foot notorious to break anything in its way? An animal is notorious to break anything in its way. If it was kicking or if pebbles were ricocheting from under its feet and breaking vessels, he pays half of the damage. If it stepped on a vessel and broke it when [the pieces] fell on another vessel and broke that, for the first he pays full damages and half damages for the last.
MISHNAH: How is the foot notorious to break anything in its way? An animal is notorious to break anything in its way. If it was kicking or if pebbles were ricocheting from under its feet and breaking vessels, he pays half of the damage. If it stepped on a vessel and broke it when [the pieces] fell on another vessel and broke that, for the first he pays full damages and half damages for the last.
HALAKHAH: “How is the foot notorious,” etc. Does not an animal usually make pebbles ricochet? Rebbi Immi said, if the vessel was held by a human. But if it was lying in the public domain, since it was rightfully lying there and [the animal] was rightfully walking there, he is free. Rebbi Abba bar Mamal said, if there were two roads. On one there are grasses and pebbles, on the other there are no grasses or pebbles. It disregarded the one with no grasses or pebbles and went on that with grasses and pebbles; even though it was in the public domain he is free. Rebbi Eleazar said, in anything not concerning its body, the Sages made no difference between private and public domain in the matter of half damages.
Rebbi Eleazar said: If it produced dung, one pays full damages. For if it were not so, what would we say? He has to have a receptacle handy? That is to say, if it does not do so habitually. But if it does so habitually, he has to have a receptacle handy.
Rebbi Hoshaia the Elder and Rebbi Jehudah Neśia were sitting. Rebbi Abba bar Mamal came to them and asked: If it wagged its tail as those mules do, what are the rules? They did not tell him. Later, Rebbi Hoshaia the Elder told him, for if it were not so, what would we say? Does he have to grab its tail? That is, if it does not usually do it. But if it usually does it, he has to grab its tail. What is obvious to us? The problem of full damages. What is problematic for us? Half damages.
Rebbi Hoshaia the Elder and Rebbi Jehudah Neśia were sitting. Rebbi Abba bar Mamal came to them and asked: If it wagged its tail as those mules do, what are the rules? They did not tell him. Later, Rebbi Hoshaia the Elder told him, for if it were not so, what would we say? Does he have to grab its tail? That is, if it does not usually do it. But if it usually does it, he has to grab its tail. What is obvious to us? The problem of full damages. What is problematic for us? Half damages.
New Paragraph. “If it stepped on a vessel and broke it.” Rebbi Jeremiah asked: If it stepped on a skin full of oil, he pays full damages for the skin and half damages for the oil. If there was a table lying there and glass on top of it. If it stepped on the table and by that the glass broke. He pays full damages fort the table and half damages for the glass. If there were two tables on top of one another. If it stepped on the upper one and the lower one was broken. He pays full damages fort the upper table and half damages for the lower. If the table was lying in the public domain, [the animal] stepped on it and it ricocheted, went and broke into a private domain. What do you follow, the stepping or its breaking? If you say, after stepping, he is free [from paying] for its stepping on it; if you say, after its breaking, then he is guilty for the breaking.
New Paragraph. “If it stepped on a vessel and broke it.” Rebbi Jeremiah asked: If it stepped on a skin full of oil, he pays full damages for the skin and half damages for the oil. If there was a table lying there and glass on top of it. If it stepped on the table and by that the glass broke. He pays full damages fort the table and half damages for the glass. If there were two tables on top of one another. If it stepped on the upper one and the lower one was broken. He pays full damages fort the upper table and half damages for the lower. If the table was lying in the public domain, [the animal] stepped on it and it ricocheted, went and broke into a private domain. What do you follow, the stepping or its breaking? If you say, after stepping, he is free [from paying] for its stepping on it; if you say, after its breaking, then he is guilty for the breaking.
New Paragraph. “If it stepped on a vessel and broke it.” Rebbi Jeremiah asked: If it stepped on a skin full of oil, he pays full damages for the skin and half damages for the oil. If there was a table lying there and glass on top of it. If it stepped on the table and by that the glass broke. He pays full damages fort the table and half damages for the glass. If there were two tables on top of one another. If it stepped on the upper one and the lower one was broken. He pays full damages fort the upper table and half damages for the lower. If the table was lying in the public domain, [the animal] stepped on it and it ricocheted, went and broke into a private domain. What do you follow, the stepping or its breaking? If you say, after stepping, he is free [from paying] for its stepping on it; if you say, after its breaking, then he is guilty for the breaking.
New Paragraph. “If it stepped on a vessel and broke it.” Rebbi Jeremiah asked: If it stepped on a skin full of oil, he pays full damages for the skin and half damages for the oil. If there was a table lying there and glass on top of it. If it stepped on the table and by that the glass broke. He pays full damages fort the table and half damages for the glass. If there were two tables on top of one another. If it stepped on the upper one and the lower one was broken. He pays full damages fort the upper table and half damages for the lower. If the table was lying in the public domain, [the animal] stepped on it and it ricocheted, went and broke into a private domain. What do you follow, the stepping or its breaking? If you say, after stepping, he is free [from paying] for its stepping on it; if you say, after its breaking, then he is guilty for the breaking.
New Paragraph. “If it stepped on a vessel and broke it.” Rebbi Jeremiah asked: If it stepped on a skin full of oil, he pays full damages for the skin and half damages for the oil. If there was a table lying there and glass on top of it. If it stepped on the table and by that the glass broke. He pays full damages fort the table and half damages for the glass. If there were two tables on top of one another. If it stepped on the upper one and the lower one was broken. He pays full damages fort the upper table and half damages for the lower. If the table was lying in the public domain, [the animal] stepped on it and it ricocheted, went and broke into a private domain. What do you follow, the stepping or its breaking? If you say, after stepping, he is free [from paying] for its stepping on it; if you say, after its breaking, then he is guilty for the breaking.
New Paragraph. “If it stepped on a vessel and broke it.” Rebbi Jeremiah asked: If it stepped on a skin full of oil, he pays full damages for the skin and half damages for the oil. If there was a table lying there and glass on top of it. If it stepped on the table and by that the glass broke. He pays full damages fort the table and half damages for the glass. If there were two tables on top of one another. If it stepped on the upper one and the lower one was broken. He pays full damages fort the upper table and half damages for the lower. If the table was lying in the public domain, [the animal] stepped on it and it ricocheted, went and broke into a private domain. What do you follow, the stepping or its breaking? If you say, after stepping, he is free [from paying] for its stepping on it; if you say, after its breaking, then he is guilty for the breaking.
MISHNAH: Chickens are notorious for breaking things in their usual walk. If a thread was bound to its foot or it was scraping and broke vessels, he pays half damages.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
MISHNAH: How is the tooth notorious to eat what is fitting for it? A domesticated animal is notorious for eating fruits and vegetables. If it ate a garment or vessels, he pays half damages. When has this been said? In the domain of the person sustaining the damage. But on public property he is free; but if it benefited, he pays what it benefited.
HALAKHAH: “How does he pay for what it benefited from,” etc. Rav said, if it bent its neck and ate, he pays for what it damaged. But did we not state: “From the door of a store, he pays what it benefited from; inside the store he pays for what it damaged”? How is that? Rebbi Yose ben Rebbi Abun said, explain it that a donkey carried lambs and when it passed by, they bent their necks and ate; from the door of a store, he pays what they benefited from; inside the store he pays for what they damaged. Rav said, if it ate barley, he pays for straw. But did not Rebbi Ḥiyya state and disagree? “Therefore, if it ate wheat which is bad for it, it is free. If it changed and ate, he pays full damages. What means ‘if it changed and ate, he pays full damages’? If somebody had his chest hanging on his back and a cow stretched out its neck and ate from it, [its owner] pays full damages. If a large container was at the entrance to a store, partially outside and partially inside; if a cow stretched its neck and ate from it, he pays full damages.”
HALAKHAH: “How does he pay for what it benefited from,” etc. Rav said, if it bent its neck and ate, he pays for what it damaged. But did we not state: “From the door of a store, he pays what it benefited from; inside the store he pays for what it damaged”? How is that? Rebbi Yose ben Rebbi Abun said, explain it that a donkey carried lambs and when it passed by, they bent their necks and ate; from the door of a store, he pays what they benefited from; inside the store he pays for what they damaged. Rav said, if it ate barley, he pays for straw. But did not Rebbi Ḥiyya state and disagree? “Therefore, if it ate wheat which is bad for it, it is free. If it changed and ate, he pays full damages. What means ‘if it changed and ate, he pays full damages’? If somebody had his chest hanging on his back and a cow stretched out its neck and ate from it, [its owner] pays full damages. If a large container was at the entrance to a store, partially outside and partially inside; if a cow stretched its neck and ate from it, he pays full damages.”
HALAKHAH: “How does he pay for what it benefited from,” etc. Rav said, if it bent its neck and ate, he pays for what it damaged. But did we not state: “From the door of a store, he pays what it benefited from; inside the store he pays for what it damaged”? How is that? Rebbi Yose ben Rebbi Abun said, explain it that a donkey carried lambs and when it passed by, they bent their necks and ate; from the door of a store, he pays what they benefited from; inside the store he pays for what they damaged. Rav said, if it ate barley, he pays for straw. But did not Rebbi Ḥiyya state and disagree? “Therefore, if it ate wheat which is bad for it, it is free. If it changed and ate, he pays full damages. What means ‘if it changed and ate, he pays full damages’? If somebody had his chest hanging on his back and a cow stretched out its neck and ate from it, [its owner] pays full damages. If a large container was at the entrance to a store, partially outside and partially inside; if a cow stretched its neck and ate from it, he pays full damages.”
HALAKHAH: “How does he pay for what it benefited from,” etc. Rav said, if it bent its neck and ate, he pays for what it damaged. But did we not state: “From the door of a store, he pays what it benefited from; inside the store he pays for what it damaged”? How is that? Rebbi Yose ben Rebbi Abun said, explain it that a donkey carried lambs and when it passed by, they bent their necks and ate; from the door of a store, he pays what they benefited from; inside the store he pays for what they damaged. Rav said, if it ate barley, he pays for straw. But did not Rebbi Ḥiyya state and disagree? “Therefore, if it ate wheat which is bad for it, it is free. If it changed and ate, he pays full damages. What means ‘if it changed and ate, he pays full damages’? If somebody had his chest hanging on his back and a cow stretched out its neck and ate from it, [its owner] pays full damages. If a large container was at the entrance to a store, partially outside and partially inside; if a cow stretched its neck and ate from it, he pays full damages.”
MISHNAH: For a dog or a kid goat which jumped from a roof and broke vessels one pays full damages because they are notorious. If a dog stole a hot pitta and went to a stack of sheaves; while it was eating the hot pitta it ignited the stack. For the pitta [its owner] pays full damages, for the stack he pays half damages.
MISHNAH: For a dog or a kid goat which jumped from a roof and broke vessels one pays full damages because they are notorious. If a dog stole a hot pitta and went to a stack of sheaves; while it was eating the hot pitta it ignited the stack. For the pitta [its owner] pays full damages, for the stack he pays half damages.
MISHNAH: For a dog or a kid goat which jumped from a roof and broke vessels one pays full damages because they are notorious. If a dog stole a hot pitta and went to a stack of sheaves; while it was eating the hot pitta it ignited the stack. For the pitta [its owner] pays full damages, for the stack he pays half damages.
“A dog stole a hot pitta.” Rebbi Simeon ben Laqish said, only if he lit every single ear of grain. Rebbi Joḥanan said, he is like a person who shoots an arrow from one place to another. Rebbi Isaac bar Tevelai said, a Mishnah supports Rebbi Simeon ben Laqish: “If a kid goat was bound to it and a slave was close by and was burned, he is obligated. If the slave was bound and the kid goat close by, he is free.” But if you say that he is not like a person who shoots an arrow from one place to another, then for the first ear he is guilty of a capital crime; for the remainder he should be liable for repayment. Rebbi Yose said, you also understand that from: “If his cattle set fire to a stack of sheaves on the Sabbath, he is obligated. But if he set fire to a stack of sheaves on the Sabbath, he is free.” But if you say that he is not like a person who shoots an arrow from one place to another, then should he not become obligated since for the remainder he should be liable for repayment. A person did put out a hot water bottle outside. A donkey passed by and broke it. The case came before Rebbi Isaac bar Tevelai, who said to him: He does not owe you anything. Not only that but if [the donkey] suffered damage, [you] would be obligated for its damages.
MISHNAH: How does one treat the bull of the person causing the damage in the domain of the person sustaining the damage? If it gored, hit, bit, wallowed, or kicked, in the public domain he pays half of the damages. In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages. Rebbi Tarphon said to them: Since in a case where He was lenient with [damage by] tooth or foot in the public domain, where one is free, He was restrictive for them in the domain of the person sustaining the damage, when full damages must be paid, and He was restrictive regarding damage by the horn in the public domain, where one has to pay half damages; is it not logical that we should be restrictive in this case in the domain of the person sustaining the damage, that full damages must be paid? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages. He said to them, I do not argue horn from horn, I argue horn from foot! Since in a case where He was lenient with [damage by] tooth or foot in the public domain, He was restrictive for damage by the horn, when He was restrictive with [damage by] tooth or foot in the domain of the person sustaining the damage; is it not logical that we should be restrictive [in case of damage] by the horn? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages.
MISHNAH: How does one treat the bull of the person causing the damage in the domain of the person sustaining the damage? If it gored, hit, bit, wallowed, or kicked, in the public domain he pays half of the damages. In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages. Rebbi Tarphon said to them: Since in a case where He was lenient with [damage by] tooth or foot in the public domain, where one is free, He was restrictive for them in the domain of the person sustaining the damage, when full damages must be paid, and He was restrictive regarding damage by the horn in the public domain, where one has to pay half damages; is it not logical that we should be restrictive in this case in the domain of the person sustaining the damage, that full damages must be paid? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages. He said to them, I do not argue horn from horn, I argue horn from foot! Since in a case where He was lenient with [damage by] tooth or foot in the public domain, He was restrictive for damage by the horn, when He was restrictive with [damage by] tooth or foot in the domain of the person sustaining the damage; is it not logical that we should be restrictive [in case of damage] by the horn? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages.
MISHNAH: How does one treat the bull of the person causing the damage in the domain of the person sustaining the damage? If it gored, hit, bit, wallowed, or kicked, in the public domain he pays half of the damages. In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages. Rebbi Tarphon said to them: Since in a case where He was lenient with [damage by] tooth or foot in the public domain, where one is free, He was restrictive for them in the domain of the person sustaining the damage, when full damages must be paid, and He was restrictive regarding damage by the horn in the public domain, where one has to pay half damages; is it not logical that we should be restrictive in this case in the domain of the person sustaining the damage, that full damages must be paid? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages. He said to them, I do not argue horn from horn, I argue horn from foot! Since in a case where He was lenient with [damage by] tooth or foot in the public domain, He was restrictive for damage by the horn, when He was restrictive with [damage by] tooth or foot in the domain of the person sustaining the damage; is it not logical that we should be restrictive [in case of damage] by the horn? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages.
MISHNAH: How does one treat the bull of the person causing the damage in the domain of the person sustaining the damage? If it gored, hit, bit, wallowed, or kicked, in the public domain he pays half of the damages. In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages. Rebbi Tarphon said to them: Since in a case where He was lenient with [damage by] tooth or foot in the public domain, where one is free, He was restrictive for them in the domain of the person sustaining the damage, when full damages must be paid, and He was restrictive regarding damage by the horn in the public domain, where one has to pay half damages; is it not logical that we should be restrictive in this case in the domain of the person sustaining the damage, that full damages must be paid? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages. He said to them, I do not argue horn from horn, I argue horn from foot! Since in a case where He was lenient with [damage by] tooth or foot in the public domain, He was restrictive for damage by the horn, when He was restrictive with [damage by] tooth or foot in the domain of the person sustaining the damage; is it not logical that we should be restrictive [in case of damage] by the horn? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages.
MISHNAH: How does one treat the bull of the person causing the damage in the domain of the person sustaining the damage? If it gored, hit, bit, wallowed, or kicked, in the public domain he pays half of the damages. In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages. Rebbi Tarphon said to them: Since in a case where He was lenient with [damage by] tooth or foot in the public domain, where one is free, He was restrictive for them in the domain of the person sustaining the damage, when full damages must be paid, and He was restrictive regarding damage by the horn in the public domain, where one has to pay half damages; is it not logical that we should be restrictive in this case in the domain of the person sustaining the damage, that full damages must be paid? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages. He said to them, I do not argue horn from horn, I argue horn from foot! Since in a case where He was lenient with [damage by] tooth or foot in the public domain, He was restrictive for damage by the horn, when He was restrictive with [damage by] tooth or foot in the domain of the person sustaining the damage; is it not logical that we should be restrictive [in case of damage] by the horn? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages.
MISHNAH: How does one treat the bull of the person causing the damage in the domain of the person sustaining the damage? If it gored, hit, bit, wallowed, or kicked, in the public domain he pays half of the damages. In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages. Rebbi Tarphon said to them: Since in a case where He was lenient with [damage by] tooth or foot in the public domain, where one is free, He was restrictive for them in the domain of the person sustaining the damage, when full damages must be paid, and He was restrictive regarding damage by the horn in the public domain, where one has to pay half damages; is it not logical that we should be restrictive in this case in the domain of the person sustaining the damage, that full damages must be paid? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages. He said to them, I do not argue horn from horn, I argue horn from foot! Since in a case where He was lenient with [damage by] tooth or foot in the public domain, He was restrictive for damage by the horn, when He was restrictive with [damage by] tooth or foot in the domain of the person sustaining the damage; is it not logical that we should be restrictive [in case of damage] by the horn? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages.
MISHNAH: How does one treat the bull of the person causing the damage in the domain of the person sustaining the damage? If it gored, hit, bit, wallowed, or kicked, in the public domain he pays half of the damages. In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages. Rebbi Tarphon said to them: Since in a case where He was lenient with [damage by] tooth or foot in the public domain, where one is free, He was restrictive for them in the domain of the person sustaining the damage, when full damages must be paid, and He was restrictive regarding damage by the horn in the public domain, where one has to pay half damages; is it not logical that we should be restrictive in this case in the domain of the person sustaining the damage, that full damages must be paid? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages. He said to them, I do not argue horn from horn, I argue horn from foot! Since in a case where He was lenient with [damage by] tooth or foot in the public domain, He was restrictive for damage by the horn, when He was restrictive with [damage by] tooth or foot in the domain of the person sustaining the damage; is it not logical that we should be restrictive [in case of damage] by the horn? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages.
MISHNAH: How does one treat the bull of the person causing the damage in the domain of the person sustaining the damage? If it gored, hit, bit, wallowed, or kicked, in the public domain he pays half of the damages. In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages. Rebbi Tarphon said to them: Since in a case where He was lenient with [damage by] tooth or foot in the public domain, where one is free, He was restrictive for them in the domain of the person sustaining the damage, when full damages must be paid, and He was restrictive regarding damage by the horn in the public domain, where one has to pay half damages; is it not logical that we should be restrictive in this case in the domain of the person sustaining the damage, that full damages must be paid? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages. He said to them, I do not argue horn from horn, I argue horn from foot! Since in a case where He was lenient with [damage by] tooth or foot in the public domain, He was restrictive for damage by the horn, when He was restrictive with [damage by] tooth or foot in the domain of the person sustaining the damage; is it not logical that we should be restrictive [in case of damage] by the horn? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages.
MISHNAH: How does one treat the bull of the person causing the damage in the domain of the person sustaining the damage? If it gored, hit, bit, wallowed, or kicked, in the public domain he pays half of the damages. In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages. Rebbi Tarphon said to them: Since in a case where He was lenient with [damage by] tooth or foot in the public domain, where one is free, He was restrictive for them in the domain of the person sustaining the damage, when full damages must be paid, and He was restrictive regarding damage by the horn in the public domain, where one has to pay half damages; is it not logical that we should be restrictive in this case in the domain of the person sustaining the damage, that full damages must be paid? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages. He said to them, I do not argue horn from horn, I argue horn from foot! Since in a case where He was lenient with [damage by] tooth or foot in the public domain, He was restrictive for damage by the horn, when He was restrictive with [damage by] tooth or foot in the domain of the person sustaining the damage; is it not logical that we should be restrictive [in case of damage] by the horn? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages.
MISHNAH: How does one treat the bull of the person causing the damage in the domain of the person sustaining the damage? If it gored, hit, bit, wallowed, or kicked, in the public domain he pays half of the damages. In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages. Rebbi Tarphon said to them: Since in a case where He was lenient with [damage by] tooth or foot in the public domain, where one is free, He was restrictive for them in the domain of the person sustaining the damage, when full damages must be paid, and He was restrictive regarding damage by the horn in the public domain, where one has to pay half damages; is it not logical that we should be restrictive in this case in the domain of the person sustaining the damage, that full damages must be paid? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages. He said to them, I do not argue horn from horn, I argue horn from foot! Since in a case where He was lenient with [damage by] tooth or foot in the public domain, He was restrictive for damage by the horn, when He was restrictive with [damage by] tooth or foot in the domain of the person sustaining the damage; is it not logical that we should be restrictive [in case of damage] by the horn? They said to him, it is sufficient for the result of an argument de minore ad majus that it should be like the premiss. Since in the public domain [one pays] half damages, also in the domain of the person sustaining the damage half damages.
HALAKHAH: “The bull of the person causing the damage in the domain of the person sustaining the damage,” etc. to the end. Rebbi Joḥanan said, this follows Rebbi Ṭarphon: “In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages.”
HALAKHAH: “The bull of the person causing the damage in the domain of the person sustaining the damage,” etc. to the end. Rebbi Joḥanan said, this follows Rebbi Ṭarphon: “In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages.”
MISHNAH: A human is always notorious: Whether in error, or intentionally, whether awake, or sleeping, if he blinded another person or broke vessels, he pays full damages.
MISHNAH: If somebody puts his jar down in the public domain and another person stumbled over it and broke it, [the second person] does not have to pay; if he was hurt, the owner of the amphora has to pay his damages.
If it was filling the entire public domain, if he took it from here and put it down there he would create a “pit”. But could he take a stick and break it or step over it and if it broke, it broke? Let us hear from the following: If a bull mounted another and the [latter’s] owner came to draw away his own, or [the bull] slipped away, and [the attacker] fell down and died, he is free from payment. If he pushed [the attacker] which then fell down and died, he must pay. Could he not tell him, if you had not interferred, I would have paid your damages? But he could have answered, If I had not interferred, you would have paid me half the damage! Think of it, if it was notorious? It is not in your power to drag me through the courts.
A person put down a stone in the public domain, another person put down another stone next to the first, a third person stumbled over the first and struck the other. Who has to pay damages, the first or the second person? Let us hear from the following: “A bull pushed another ox which then fell into a pit. The owner of the bull has to pay; the ‘owner’ of the pit is free. Rebbi Nathan says, if the attacker was notorious, each of them pays one half; if it was tame, the owner of the bull pays two thirds and the ‘owner’ of the pit a quarter.” Rebbi Ḥanania said, so is the baraita: The owner of the bull pays three quarters and the ‘owner’ of the pit a quarter. (A person put down a stone in the public domain, another person put down another stone next to the first, a third person stumbled over the first and struck the other. Who has to pay damages, the first or the second person?)
A person put down a stone in the public domain, another person put down another stone next to the first, a third person stumbled over the first and struck the other. Who has to pay damages, the first or the second person? Let us hear from the following: “A bull pushed another ox which then fell into a pit. The owner of the bull has to pay; the ‘owner’ of the pit is free. Rebbi Nathan says, if the attacker was notorious, each of them pays one half; if it was tame, the owner of the bull pays two thirds and the ‘owner’ of the pit a quarter.” Rebbi Ḥanania said, so is the baraita: The owner of the bull pays three quarters and the ‘owner’ of the pit a quarter. (A person put down a stone in the public domain, another person put down another stone next to the first, a third person stumbled over the first and struck the other. Who has to pay damages, the first or the second person?)
A person put down a stone in the public domain, the wind blew it onto a private domain, another person stumbled over it. Is [the first] responsible for damages?
A person put down a stone in the public domain, another person stumbled over it and made it roll into a private domain where a third person stumbled over it. Is [the first] responsible for damages?
Rebbi Joḥanan said: A person put down a stone and his load in the public domain, a second person stumbled over it while he held a flask in his hand. Whether he stumbled over the stone and hit the ground or hit the stone and stumbled over the ground, [the first] has to pay damages to the person but is free from damages to the flask. The statement of Rebbi Joḥanan implies that for “pit” damages one is free from damages to vessels. But if he hit it in walking, he has to pay even for the flask.
Rebbi Joḥanan said: A person put down a stone and his load in the public domain, a second person stumbled over it while he held a flask in his hand. Whether he stumbled over the stone and hit the ground or hit the stone and stumbled over the ground, [the first] has to pay damages to the person but is free from damages to the flask. The statement of Rebbi Joḥanan implies that for “pit” damages one is free from damages to vessels. But if he hit it in walking, he has to pay even for the flask.
Rebbi Joḥanan said: A person put down a stone and his load in the public domain, a second person stumbled over it while he held a flask in his hand. Whether he stumbled over the stone and hit the ground or hit the stone and stumbled over the ground, [the first] has to pay damages to the person but is free from damages to the flask. The statement of Rebbi Joḥanan implies that for “pit” damages one is free from damages to vessels. But if he hit it in walking, he has to pay even for the flask.
Rebbi Joḥanan said: A person put down a stone and his load in the public domain, a second person stumbled over it while he held a flask in his hand. Whether he stumbled over the stone and hit the ground or hit the stone and stumbled over the ground, [the first] has to pay damages to the person but is free from damages to the flask. The statement of Rebbi Joḥanan implies that for “pit” damages one is free from damages to vessels. But if he hit it in walking, he has to pay even for the flask.
HALAKHAH: “He who pours out water in the public domain,” etc. Rav Huna said, when he was falling to the ground. But if his garments were dirtied, one is liable. Rav said, even if his garments were dirtied, he is not liable. The word of Rav implies one is not liable for ‘pit’ damages of vessels.
MISHNAH: If somebody take out his straw and his pressed olives into the public domain to compost, he is liable for any damages another person might incur because of this. Anybody may take it and acquire it. If somebody turns over cow droppings in the public domain, he is liable for any damages another person might incur because of this.
MISHNAH: If somebody take out his straw and his pressed olives into the public domain to compost, he is liable for any damages another person might incur because of this. Anybody may take it and acquire it. If somebody turns over cow droppings in the public domain, he is liable for any damages another person might incur because of this.
HALAKHAH: “If somebody split [wood] in a private domain,” etc. Rebbi Yose ben Ḥanina said, if he was splitting wood in his courtyard when a worker entered to claim his wages, and a splinter ricocheted and damaged him, he is liable. If he died he does not go into exile. But did not Rebbi Ḥiyya state, “he is not liable”? They do not disagree. What Rebbi Yose said, if he had seen him, but what Rebbi Ḥiyya said, if he had not seen him. If he had not seen him, once he said to him: enter, {should he not be liable? But did not Rebbi Ḥiyya state, “he is not liable”? Since he told him: enter, he has to take precautions. Some want to say, since he told him to enter it} becomes like the courtyard of partners, about which Rebbi Joḥanan said in the name of Rebbi Yannai: Partners acquire from one another in a courtyard and are mutually liable for damages. But did not Rav say: If he filled the entire public domain? And did this fill the entire public domain? They said, since he walks in the entire courtyard, it is as if he had filled the entire courtyard.
What is Rebbi Meïr’s reason? The verse says, “they shall sell the living bull and split its proceeds.” How does Rebbi Jehudah support “and also the cadaver they shall split”? From here that each one loses half the damages.
HALAKHAH: “A bull which gored four or five bulls,” etc. Rebbi Yannai said, Rebbi Meïr attacks him from two sides: As you take it, if it is yours, give it to me. If it is not yours, hand it over to me that I may satisfy my claim. But did not Rebbi Eleazar say, the guarding of damages parallels the guarding of acquisitions? Rebbi Jehudah told him, it was delivered to him for his damages but it remains a pledge.
HALAKHAH: “A bull which gored four or five bulls,” etc. Rebbi Yannai said, Rebbi Meïr attacks him from two sides: As you take it, if it is yours, give it to me. If it is not yours, hand it over to me that I may satisfy my claim. But did not Rebbi Eleazar say, the guarding of damages parallels the guarding of acquisitions? Rebbi Jehudah told him, it was delivered to him for his damages but it remains a pledge.
MISHNAH: A bull which is notorious for its kind but not notorious for other species, notorious for humans but not notorious for animals, notorious for small ones but not notorious for large ones, pays full damages for what it is notorious for, but half damages for what it is not notorious for. They asked before Rebbi Jehudah: If it was notorious on the Sabbath but not on weekdays? He answered, it pays full damages on Sabbaths but half damages on weekdays. When does it revert to be tame? If it changed its ways for three Sabbath days.
MISHNAH: A bull which is notorious for its kind but not notorious for other species, notorious for humans but not notorious for animals, notorious for small ones but not notorious for large ones, pays full damages for what it is notorious for, but half damages for what it is not notorious for. They asked before Rebbi Jehudah: If it was notorious on the Sabbath but not on weekdays? He answered, it pays full damages on Sabbaths but half damages on weekdays. When does it revert to be tame? If it changed its ways for three Sabbath days.
MISHNAH: A bull which is notorious for its kind but not notorious for other species, notorious for humans but not notorious for animals, notorious for small ones but not notorious for large ones, pays full damages for what it is notorious for, but half damages for what it is not notorious for. They asked before Rebbi Jehudah: If it was notorious on the Sabbath but not on weekdays? He answered, it pays full damages on Sabbaths but half damages on weekdays. When does it revert to be tame? If it changed its ways for three Sabbath days.
MISHNAH: A bull which is notorious for its kind but not notorious for other species, notorious for humans but not notorious for animals, notorious for small ones but not notorious for large ones, pays full damages for what it is notorious for, but half damages for what it is not notorious for. They asked before Rebbi Jehudah: If it was notorious on the Sabbath but not on weekdays? He answered, it pays full damages on Sabbaths but half damages on weekdays. When does it revert to be tame? If it changed its ways for three Sabbath days.
MISHNAH: The bull of an Israel which gored a bull of Temple property or the bull of Temple property which gored a bull of an Israel are not liable since it was said “his neighbor’s bull”, not a bull of Temple property. The bull of an Israel which gored a bull of a non-Jew is not liable; the bull of a non-Jew which gored a bull of an Israel pays full damages, whether tame or notorious.
HALAKHAH: “The bull of an Israel which gored a bull of a non-Jew,” etc. Rav said, “He saw and permitted Gentiles,” He permitted the Gentiles’ money. Ḥizqiah said, “He appeared from Mont Paran,” He appeared in front of the Gentiles; Rebbi Yose ben Ḥanina said, He made them poor. Rebbi Abbahu in the name of Rebbi Joḥanan said, following their laws. Rebbi La said, this was not said referring to this topic, but to what Rebbi Ḥiyya stated: If a Gentile’s bull gored another Gentile’s bull, even though they accepted to be judged by the laws of Israel, he is liable for full damages whether tame or notorious. On that it was said that Rebbi Abbahu said in the name of Rebbi Joḥanan, following their laws.
Did we not state: “If a bull of a deaf-mute, insane, or underaged person gored, one appoints a guardian for them and receives testimony about them in the presence of the guardian”? So far if testimony was taken in the presence of the owner and he delivered to the guardian. If testimony was taken in the presence of the guardian and he delivered to the owner? Let us hear from the following: “If somebody borrowed it with the understanding that it was tame but it turned out to be notorious, the owner pays half of the damages and the borrower pays half of the damages.” Rebbi Eleazar said, this is Rebbi Yose’s, since Rebbi Yose said, it remains in its prior state. But if this is Rebbi Yose’s, he should pay in full. If he borrowed it with the understanding that it was tame. But if he borrowed it with the understanding that it was tame, he should not have to pay anything. If he knew that it was apt to gore. It was stated: “If it killed while at the borrower’s, who handed it back to the owners, before judgment was rendered he is not liable, after judgment was rendered he is liable. Rebbi Jacob said, even after judgment was rendered but before it was stoned, he is not liable.”
Did we not state: “If a bull of a deaf-mute, insane, or underaged person gored, one appoints a guardian for them and receives testimony about them in the presence of the guardian”? So far if testimony was taken in the presence of the owner and he delivered to the guardian. If testimony was taken in the presence of the guardian and he delivered to the owner? Let us hear from the following: “If somebody borrowed it with the understanding that it was tame but it turned out to be notorious, the owner pays half of the damages and the borrower pays half of the damages.” Rebbi Eleazar said, this is Rebbi Yose’s, since Rebbi Yose said, it remains in its prior state. But if this is Rebbi Yose’s, he should pay in full. If he borrowed it with the understanding that it was tame. But if he borrowed it with the understanding that it was tame, he should not have to pay anything. If he knew that it was apt to gore. It was stated: “If it killed while at the borrower’s, who handed it back to the owners, before judgment was rendered he is not liable, after judgment was rendered he is liable. Rebbi Jacob said, even after judgment was rendered but before it was stoned, he is not liable.”
Rebbi Yasa said, I heard something from Rebbi Samuel ben Rav Isaac in this matter, but I do not remember what it was. Rebbi Ze‘ira told him, maybe it was the following: At the start the discussion refers to the tame animal. It added weregilt for the notorious. Then it added damages for both of them. I could think that as it added damages, it added the payment for the slave; the verse says “but the owner of the bull is free;” free from paying for a slave. Rebbi La said, everywhere you are more restrictive for a slave than anything else since even if he is scabbed one pays thirty tetradrachmas; I would have said also (for his father and his mother) the same; the verse says “but the owner of the bull is free;” free from paying for fetuses. Everywhere you are more restrictive for a notorious than for a tame one, would you be more restrictive here for a tame one than for a notorious? But it must be so: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. Another Tanna stated: “But the owner of the bull is free;” free from paying for a slave. But is it not written: “If people quarrel”, people but not bulls. Rebbi Ḥaggai said, so is the baraita: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. But is it not written: “When they quarrel,” “when they brawl”. Is not quarrel the same as brawl? Since there the act was intentional, so here the act was intentional; or since here the act was unintentional, so here the act was unintentional. What about this? As Rebbi Samuel ben Rav Isaac said, at the start it treats the tame animal, etc.
Rebbi Yasa said, I heard something from Rebbi Samuel ben Rav Isaac in this matter, but I do not remember what it was. Rebbi Ze‘ira told him, maybe it was the following: At the start the discussion refers to the tame animal. It added weregilt for the notorious. Then it added damages for both of them. I could think that as it added damages, it added the payment for the slave; the verse says “but the owner of the bull is free;” free from paying for a slave. Rebbi La said, everywhere you are more restrictive for a slave than anything else since even if he is scabbed one pays thirty tetradrachmas; I would have said also (for his father and his mother) the same; the verse says “but the owner of the bull is free;” free from paying for fetuses. Everywhere you are more restrictive for a notorious than for a tame one, would you be more restrictive here for a tame one than for a notorious? But it must be so: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. Another Tanna stated: “But the owner of the bull is free;” free from paying for a slave. But is it not written: “If people quarrel”, people but not bulls. Rebbi Ḥaggai said, so is the baraita: Men who act unintentionally are liable; bulls who act unintentionally are not liable. Does this mean that if they acted intentionally, they were liable? The verse says, “but the owner of the bull is free;” free from paying for a slave. But is it not written: “When they quarrel,” “when they brawl”. Is not quarrel the same as brawl? Since there the act was intentional, so here the act was intentional; or since here the act was unintentional, so here the act was unintentional. What about this? As Rebbi Samuel ben Rav Isaac said, at the start it treats the tame animal, etc.
From where damages for a slave? The verse says, “or it gores a son, or it gores a daughter, …, and if a slave, etc.” Rebbi Ḥiyya bar Abba and Rebbi Samuel bar Isaac. One said, the addition may not be more than the main thing. But the other said, he has to pay the entire damages.
From where damages for a slave? The verse says, “or it gores a son, or it gores a daughter, …, and if a slave, etc.” Rebbi Ḥiyya bar Abba and Rebbi Samuel bar Isaac. One said, the addition may not be more than the main thing. But the other said, he has to pay the entire damages.
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.
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.
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.
HALAKHAH: “A bull belonging to a woman, a bull belonging to orphans,” etc. What is Rebbi Jehudah’s reason? “It was testified to before its owners and they did not watch it;” those have no owners who could be responsible for damages. Rebbi Hoshaia stated: In matters of damages, Rebbi Meïr declares liable but Rebbi Jehudah declares not liable. What about weregilt? Rebbi Pedat in the name of Rebbi Hoshaia: Everybody agrees that he is liable for weregilt. But some say, Rebbi Joḥanan in the name of Rebbi Yannai: Just as they disagree for damages so they disagree for weregilt. Rebbi Jeremiah asked before Rebbi Ze‘ira: How does one actually act? He said to him, following Rebbi Hoshaia that in matters of damages, Rebbi Meïr declares liable but Rebbi Jehudah declares not liable; therefore, in matters of weregilt everybody agrees that he is liable.
HALAKHAH: “A bull belonging to a woman, a bull belonging to orphans,” etc. What is Rebbi Jehudah’s reason? “It was testified to before its owners and they did not watch it;” those have no owners who could be responsible for damages. Rebbi Hoshaia stated: In matters of damages, Rebbi Meïr declares liable but Rebbi Jehudah declares not liable. What about weregilt? Rebbi Pedat in the name of Rebbi Hoshaia: Everybody agrees that he is liable for weregilt. But some say, Rebbi Joḥanan in the name of Rebbi Yannai: Just as they disagree for damages so they disagree for weregilt. Rebbi Jeremiah asked before Rebbi Ze‘ira: How does one actually act? He said to him, following Rebbi Hoshaia that in matters of damages, Rebbi Meïr declares liable but Rebbi Jehudah declares not liable; therefore, in matters of weregilt everybody agrees that he is liable.
HALAKHAH: “A bull belonging to a woman, a bull belonging to orphans,” etc. What is Rebbi Jehudah’s reason? “It was testified to before its owners and they did not watch it;” those have no owners who could be responsible for damages. Rebbi Hoshaia stated: In matters of damages, Rebbi Meïr declares liable but Rebbi Jehudah declares not liable. What about weregilt? Rebbi Pedat in the name of Rebbi Hoshaia: Everybody agrees that he is liable for weregilt. But some say, Rebbi Joḥanan in the name of Rebbi Yannai: Just as they disagree for damages so they disagree for weregilt. Rebbi Jeremiah asked before Rebbi Ze‘ira: How does one actually act? He said to him, following Rebbi Hoshaia that in matters of damages, Rebbi Meïr declares liable but Rebbi Jehudah declares not liable; therefore, in matters of weregilt everybody agrees that he is liable.
HALAKHAH: “A bull belonging to a woman, a bull belonging to orphans,” etc. What is Rebbi Jehudah’s reason? “It was testified to before its owners and they did not watch it;” those have no owners who could be responsible for damages. Rebbi Hoshaia stated: In matters of damages, Rebbi Meïr declares liable but Rebbi Jehudah declares not liable. What about weregilt? Rebbi Pedat in the name of Rebbi Hoshaia: Everybody agrees that he is liable for weregilt. But some say, Rebbi Joḥanan in the name of Rebbi Yannai: Just as they disagree for damages so they disagree for weregilt. Rebbi Jeremiah asked before Rebbi Ze‘ira: How does one actually act? He said to him, following Rebbi Hoshaia that in matters of damages, Rebbi Meïr declares liable but Rebbi Jehudah declares not liable; therefore, in matters of weregilt everybody agrees that he 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.
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.
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.
HALAKHAH: “If somebody put a bull in a private courtyard,” etc. “If somebody put a bull in a private courtyard without permission, and a bull came from another place. If it gored, hit, bit, walloped, or kicked, he pays full damages, the words of Rebbi Meïr. But the Sages say, for ‘tooth’ and ‘foot’ he is liable; for goring, or hitting, or biting, or walloping, or kicking, or pushing, a tame [bull] pays half the damages, a notorious full damages from storage.”