Mga Sanggunian sa Talmud para sa Exodo 22:4: Jerusalem Talmud Bava Kamma, Jerusalem Talmud Gittin, Bava Kamma & Jerusalem Talmud Ketubot

MISHNAH: There are four main categories of damages¹Most rules of payment for damages may be derived from the examples of damages treated in Ex. 21–22, as explained in the Halakhah.: The bull²An agressive bull goring with his horns; Ex. 21:28–32;35–36., and the pit³A person digging a pit in the public domain is responsible for any damage caused by his action; Ex. 21:33–34., and the devourer⁴Damage caused by an animal other than goring: feeding (“the tooth”) and trampling (“the foot”), Ex. 22:4. The Aramaic root בעי is found in Pseudo-Jonathan to Num. 22:2 as translation of Hebrew לחך “to devour”. The unusual expression מַבְעֶה is used to subsume two legal terms under one., and the setting on fire⁵Ex. 22:5.. The bull is not like the devourer, nor the devourer like the bull⁶Since goring, trampling, and devouring are all ascribed to the same animal, the question arises why the bull has to be mentioned in two different categories both in the Mishnah and in the biblical text. The details are given only in the Babli: An animal which gores is intent on causing damage; therefore the rules are different for known agressive or generally not agressive animals since these require different levels of supervision. But the rules for damage caused by feeding and trampling are the same for all animals.; neither of them who are alive is like the pit⁷It is obvious and confirmed by all other sources that the positions of “pit” and “fire” have to be switched. which is not alive, nor either of them which move in causing damage is like the fire⁷It is obvious and confirmed by all other sources that the positions of “pit” and “fire” have to be switched. which does not move in causing damage. The common theme of them is that they are usually causing damage and you are obligated to watch them, and if damage was caused the person causing the damage is obligated to pay the damages in best quality land⁸If the person causing the damage cannot pay, the person collecting damages can foreclose the culprit’s land with the highest value per unit of surface area. As biblical law, this applies to damages caused by unattended animals, Ex. 22:4..

HALAKHAH: “There are four main categories of damages,” etc. The bull means the horn, as is written: “If a man’s bull smite another person’s bull,⁹Ex. 21:35.” etc. So far a harmless animal¹⁰It has no history of attacking other animals. The owner only has to pay half the damage caused.. From where a notorious [dangerous] one¹¹For which full damages have to be paid.? “Or it was known that it be a goring bull,¹²Ex. 21:36.” etc. The pit, “if a man open a pit,” etc.; “the pit’s owner has to pay,³A person digging a pit in the public domain is responsible for any damage caused by his action; Ex. 21:33–34.” etc. The devourer: “If a person causes a field or a vineyard to be despoiled by sending his animals;¹³Ex. 22:4. The meaning of יַבְעֵר is in doubt because of lack of parallels. It might as well be referring to damage by excessive grazing as to destruction by trampling.” this is the foot as it is written¹⁴Is. 32:20. The same explanation of Ex. 22:4 by Is. 32:20 is in the Babli, 2b.: “Those who send the foot of bull and donkey.” And it is written¹⁵Is. 5:5.: “Remove its cover and it will be despoiled,” that is the tooth, “tear down its fence and it will be trampled,” that is the foot. And the setting on fire, as it is written⁵Ex. 22:5.: “If fire starts and finds thistles,” etc.

“His field¹²Ex. 22:4: “If a person destroys a field or a vineyard through animals by sending his livestock to graze on another’s field, the best of his field or the best of his vineyard he shall give in payment.” This is the basis of the Mishnah requiring that damages be paid with best quality real estate.”, except if it was mortgaged¹³“His field” excludes third-party interests.. “His vineyard”, except Temple property. Where do we hold¹⁴What relation can Temple property have with damages due from a private person?? If somebody caused damage and then dedicated to the Temple, that is what we have stated¹⁵Mishnah ‘Arakhin 6:2: “If somebody dedicated his property to the Temple while he owed a ketubah to his wife or a debt to a creditor, neither the woman nor the creditor can collect from the Temple; but the redeemer redeems on condition to pay the ketubah to the woman or the debt to the creditor. If he dedicated 90 minas but his debt was 100 minas, [the redeemer] adds another denar and redeems these properties on condition to pay the debt to the creditor.” In order to combine two conflicting principles, viz., that vows cannot be used to escape obligations towards third parties, and that Temple obligations override all others, it is decreed that the Temple has to put the dedicated properties up for sale but collects only for the amount by which the value of the properties exceeds the obligation, with the third party buyer accepting the obligation to pay off the liens on the property. (It has to be a third party buyer since the person making the dedication would have to add another 25% to the redemption amount, Lev. 27:19.) Claims for damages have to be handled in the same way.: “If he dedicated 90 minas but his debt was 100 minas.” If somebody dedicated to the Temple and then caused damage, that is what we have stated: “ ‘His neighbor’s ox⁵Ex. 21:35; Mishnah Baba Qama 4:3. The rules of damages do not apply to Temple property, not for damages inflicted by Temple animals nor damages done to them. Quoted in the Babli, 49a.’ but not the ox of Temple property.” Rebbi Yudan said, explain it if an ox of Temple property grazed on a private field. Rebbi Mana told him, we require Temple real estate and you say “on a private field”? But we must hold about one who said: I am obligating myself for 100 minas to the Temple; then went and caused damage. You should not say that between damages and a loan given before witnesses¹⁶Not in documented form; the witnesses do not sign anything. Such a loan is not a mortgage and is not privileged. damages are privileged, and here damages are privileged against the Temple; therefore it was necessary to say “his vineyard”, except Temple property¹⁷The statement about Temple property is not to exclude Temple property from damage claims but to privilege Temple property relative to all civil claims..