וְאִ֡ם שׁוֹר֩ נַגָּ֨ח ה֜וּא מִתְּמֹ֣ל שִׁלְשֹׁ֗ם וְהוּעַ֤ד בִּבְעָלָיו֙ וְלֹ֣א יִשְׁמְרֶ֔נּוּ וְהֵמִ֥ית אִ֖ישׁ א֣וֹ אִשָּׁ֑ה הַשּׁוֹר֙ יִסָּקֵ֔ל וְגַם־בְּעָלָ֖יו יוּמָֽת׃
אױב אָבער ער איז אַ שטױסיקער אָקס פֿון נעכטן-אײערנעכטן, און זײַן בעל־הבית איז געװאָרנט געװאָרן, און האָט אים ניט געהיט, און ער װעט טײטן אַ מאַן אָדער אַ פֿרױ, זאָל פֿאַרשטײנט װערן דער אָקס, און אױך זײַן בעל־הבית זאָל געטײט װערן.
Rashi
Liable - as it is written, "from yesterday and the day before." [Exodus 21:29]
English Explanation of Mishnah Bava Kamma
Five [agents of damage] rank as harmless and five as an attested danger. Cattle are not an attested danger to butt, push, bite, lie down, or kick. The tooth [of an animal] is an attested danger to eat that which is for it; The leg [of an animal] is an attested danger to break [things] as it walks along; So also is a warned ox [an ox that has gored before]; And an ox that damages in the domain of the damaged party, and human beings.
The wolf, the lion, the bear, the leopard, the panther and the snake all rank as attested danger. Rabbi Eliezer says: When they are tame they are not attested danger, but the snake is always an attested danger.
What is the difference between that which is harmless and that which is an attested danger? The harmless pays half-damages from its own body and the attested danger pays full damages from the best property (of its owner and.
This mishnah introduces us to an extremely important concept in Mishnaic damage law, that is the difference between agents of damage which are likely to damage and those that are not likely to damage. The first are called “muad”, warned or attested danger and the second are called “tam”, innocent, or usually harmless. We will continue to talk about these concepts as we proceed to learn Bava Kamma. The major difference between these two types of agents of damage is that a person is obligated for full restitution on the first type and only half restitution for damages done by the second type. The idea lying behind this concept is that a person who owns, for instance, an animal that is likely to cause a certain type of damage should be aware of this and therefore guard the animal more carefully. The Torah already speaks of this concept in Exodus 21:29 with regards to the ox that is known to gore.
The mishnah lists various types of damaging agents and categorizes them all into things which are likely to cause damage and things that are unlikely to do so. Furthermore, the beginning mishnah distinguishes between different activities of a domesticated animal, some of which the animal is likely to do and some that it is unlikely to do. For instance, a normal cow is unlikely to kick and therefore if it causes damage by doing so, the owner is only obligated half damages (section 1a). However, the cow is likely to trample on things over which it walks(section 1c), and therefore if it damages in this manner, the owner is obligated for full restitution. Wild animals are always likely to damage (section 2) and therefore if one owns a wild animal he will be obligated for full restitution for any damage the animal might cause. Human beings (section 1f) who cause damage are always obligated full restitution.
Section 3 explains the two differences between harmless and attested agents of damage. The first I already explained in the introduction. The second difference is that if the owner of a harmless agent of damage becomes obligated to pay damages, he must only make restitution up to the value of the animal that caused the injury. For instance if my cow that is worth 1000 dollars should kick you, thereby breaking your 5000 dollar Rolex diamond and gold watch, I am only obligated to pay 1000 dollars. Even though half damages are 2500 dollars I cannot be obligated more than the total value of the cow that caused the injury. Kicking is not an attested form of damage, at least for a cow. However, if my cow were to do the same action, however this time on your property, I would have to pay the full 5000 dollars (see section 1e).
For further explanation of the concepts of “tam” and “muad” see the Steinsaltz Reference Guide, pages 212 and 272. One can also find entries there for “shen” (tooth), page 268, “shor” (ox), page 264), regel (leg), page 257, and “adam muad laolam” a person is always an attested danger), page 158. The concepts of “hezi nezek” (half damages), page 193 and “nezek shalem” (full damages), page 228, are explained there as well,. Again, we will continue to learn these concepts as we proceed.
The wolf, the lion, the bear, the leopard, the panther and the snake all rank as attested danger. Rabbi Eliezer says: When they are tame they are not attested danger, but the snake is always an attested danger.
What is the difference between that which is harmless and that which is an attested danger? The harmless pays half-damages from its own body and the attested danger pays full damages from the best property (of its owner and.
This mishnah introduces us to an extremely important concept in Mishnaic damage law, that is the difference between agents of damage which are likely to damage and those that are not likely to damage. The first are called “muad”, warned or attested danger and the second are called “tam”, innocent, or usually harmless. We will continue to talk about these concepts as we proceed to learn Bava Kamma. The major difference between these two types of agents of damage is that a person is obligated for full restitution on the first type and only half restitution for damages done by the second type. The idea lying behind this concept is that a person who owns, for instance, an animal that is likely to cause a certain type of damage should be aware of this and therefore guard the animal more carefully. The Torah already speaks of this concept in Exodus 21:29 with regards to the ox that is known to gore.
The mishnah lists various types of damaging agents and categorizes them all into things which are likely to cause damage and things that are unlikely to do so. Furthermore, the beginning mishnah distinguishes between different activities of a domesticated animal, some of which the animal is likely to do and some that it is unlikely to do. For instance, a normal cow is unlikely to kick and therefore if it causes damage by doing so, the owner is only obligated half damages (section 1a). However, the cow is likely to trample on things over which it walks(section 1c), and therefore if it damages in this manner, the owner is obligated for full restitution. Wild animals are always likely to damage (section 2) and therefore if one owns a wild animal he will be obligated for full restitution for any damage the animal might cause. Human beings (section 1f) who cause damage are always obligated full restitution.
Section 3 explains the two differences between harmless and attested agents of damage. The first I already explained in the introduction. The second difference is that if the owner of a harmless agent of damage becomes obligated to pay damages, he must only make restitution up to the value of the animal that caused the injury. For instance if my cow that is worth 1000 dollars should kick you, thereby breaking your 5000 dollar Rolex diamond and gold watch, I am only obligated to pay 1000 dollars. Even though half damages are 2500 dollars I cannot be obligated more than the total value of the cow that caused the injury. Kicking is not an attested form of damage, at least for a cow. However, if my cow were to do the same action, however this time on your property, I would have to pay the full 5000 dollars (see section 1e).
For further explanation of the concepts of “tam” and “muad” see the Steinsaltz Reference Guide, pages 212 and 272. One can also find entries there for “shen” (tooth), page 268, “shor” (ox), page 264), regel (leg), page 257, and “adam muad laolam” a person is always an attested danger), page 158. The concepts of “hezi nezek” (half damages), page 193 and “nezek shalem” (full damages), page 228, are explained there as well,. Again, we will continue to learn these concepts as we proceed.
German Commentary
und in fünf Fällen als gewohnt. Eig. bezeugt, verwarnt, nach den Worten der Schrift והועד בבעליו (Exod. 21, 29). Bei den Beschädigungen, die das Tier zu verüben gewohnt ist, gilt der Eigentümer schon zum ersten Mal als verwarnt (מועד מתחילתו).
English Explanation of Mishnah Sanhedrin
צוטריטלעך נאָר פֿאַר פּרעמיום־מיטגלידערEnglish Explanation of Mishnah Bava Kamma
צוטריטלעך נאָר פֿאַר פּרעמיום־מיטגלידערEnglish Explanation of Mishnah Bava Kamma
צוטריטלעך נאָר פֿאַר פּרעמיום־מיטגלידערRashi
And Scripture teaches us a matter in passing - since it apportions the term "goring" to [where the victim is] a person and "negifa" to [where the victim is] an animal, implying that it is easier [for the ox] to kill an animal than to kill a person. This implies that an ox that was forewarned due to having killed an animal three times is not considered forewarned regarding [killing] people. Thus if it gored a person to death, it is judged as an innocuous ox, and [the owner] does not pay the ransom. Regarding an innocuous one who kills a person, it is written "the ox shall be stoned... but the owner of the ox is not to be punished" [Exodus 21:28]. Regarding a forewarned one it is written "its owner, too, shall be put to death" [Exodus 21:29]. "Death" there means monetary compensation, in that he must pay the ransom -- the value of the one who was killed -- to his heirs; not actual death, as it is stated in the first chapter of Sanhedrin: You execute him for his act of murder, but you do not execute him for his ox’s act of murder [Sanhedrin 15b:5]. However, [an ox] that is forewarned regarding [killing] people is considered forewarned with respect to animals. It is possible to [have a case of an ox that is] forewarned with respect to killing people, if it gored three times before being brought to court -- thus it had not been stoned immediately upon having killed the first [person].