Mishpatim, Nezikim, and Oxen

Rav says: Rav Yehudah said: One who wishes to be pious should fulfill the words of "Damages." Rava said: [One should study matters dealt with in Pirke] Avot. And some say, [matters dealt with in] Berachot.

INJURING ANOTHER PERSON

((18) When men quarrel and one strikes the other with stone or fist, and he does not die but has to take to his bed— (19) if he then gets up and walks outdoors upon his staff, the assailant shall go unpunished, except that he must pay for his idleness and his cure.

KILLING A SLAVE

(20) When a man strikes his slave, male or female, with a rod, and he dies there and then, he must be avenged. (21) But if he survives a day or two, he is not to be avenged, since he is the other’s property.

CAUSING A WOMAN TO MISCARRY

(22) When men fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage ensues, the one responsible shall be fined according as the woman’s husband may exact from him, the payment to be based on reckoning. (23) But if other damage ensues, the penalty shall be life for life, (24) eye for eye, tooth for tooth, hand for hand, foot for foot, (25) burn for burn, wound for wound, bruise for bruise.

INJURING A SLAVE

(26) When a man strikes the eye of his slave, male or female, and destroys it, he shall let him go free on account of his eye. (27) If he knocks out the tooth of his slave, male or female, he shall let him go free on account of his tooth.

OX KILLING A PERSON

(28) When an ox gores a man or a woman to death, the ox shall be stoned and its flesh shall not be eaten, but the owner of the ox is not to be punished. (29) If, however, that ox has been in the habit of goring, and its owner, though warned, has failed to guard it, and it kills a man or a woman—the ox shall be stoned and its owner, too, shall be put to death. (30) If ransom is laid upon him, he must pay whatever is laid upon him to redeem his life. (31) So, too, if it gores a minor, male or female, [the owner] shall be dealt with according to the same rule. (32) But if the ox gores a slave, male or female, he shall pay thirty shekels of silver to the master, and the ox shall be stoned.

OPENING A PIT

(33) When a man opens a pit, or digs a pit and does not cover it, and an ox or an ass falls into it, (34) the one responsible for the pit must make restitution; he shall pay the price to the owner, but shall keep the dead animal.

OX INJURING ANOTHER OX

(35) When a man’s ox injures his neighbor’s ox and it dies, they shall sell the live ox and divide its price; they shall also divide the dead animal. (36) If, however, it is known that the ox was in the habit of goring, and its owner has failed to guard it, he must restore ox for ox, but shall keep the dead animal.

STEALING ANIMALS

(37) When a man steals an ox or a sheep, and slaughters it or sells it, he shall pay five oxen for the ox, and four sheep for the sheep.—

(1) There are four primary causes of injury: the ox and the pit and the crop-destroying beast and fire. [The distinctive feature of] the ox is not like [that of] the crop-destroying beast, nor is [the distinctive feature of] either of these, which are alive, like [that of] fire, which is not alive; nor is [the distinctive feature of] any of these, whose way it is to go forth and do injury, like [that of] the pit, whose way it is not to go forth and do injury. What they have in common is that it is their way to do injury and that you are responsible for caring over them; and if one of them did injury whoever [is responsible] for the injury must make restitution [to the damaged party] with the best of his land.

(1) [If] one places a jar in a public domain and another comes and trips on it and breaks it, he is exempt [from damage to the jar]. And if he was injured by it, the barrel's owner is liable for his damages. [If] one's jar broke in a public domain and another slipped in the [spilled] water, or was injured by its shards, [the jar's owner is] liable. Rabbi Judah says, if intentional, he is liable. If unintentional, he is exempt.

(2) [If] one pours water in a public domain, and another is damaged by it, he is liable to pay damages. One who hides thorns or glass [in the public domain], or one who builds his fence [bordering the public domain] with thorns, or a fence that falls into the public domain -- if others were injured, he is liable to pay their damages.

(3) [If] one brings his straw [or thatch] into the public domain for fertilizer and another was damaged by them, he is responsible for the damage. And [furthermore], anyone who first [takes possession] of them is entitled [to the straw]. Rabbi Shimon ben Gamaliel says, anyone who destroys [objects] in the public domain, thereby causing damage is responsible to pay, and anyone who first [takes possession] of them is entitled. [If] one turns over dung in the public domain and another is damaged by it, he is responsible for the damage.

(4) [In the case of] two potters who were walking one behind the other, and the first tripped and fell, and the second tripped on the first, the first [potter] is liable for the damage to the second [potter].

(5) One came with his barrel and one came with his beam. [If] this one's jug were broken on this one's beam, [the beam's owner] is exempt, because this one has permission to walk and this one [also] has permission to walk. If the beam's owner was in front, and the barrel's owner was behind, [then] if the barrel broke on the beam, the beam's owner is exempt. [But] if the beam's owner stopped, he is liable. [But] if he said to the barrel's owner, "Stop," he is exempt. If the barrel's owner was in front, and the beam's owner was behind, [then] if the barrel broke on the beam, then he is liable. [But] if the barrel's owner stopped, he is exempt. [But] if he said to the beam's owner, "Stop," he is liable. So too [the case of] one who comes with his candle and one with his flax.

(6) [In the case where] two people were traveling in the public domain, one running and the other walking, or if both were running, and they damaged each other, both are exempt.

(7) [If] one was splitting [wood] in a private domain and [thereby] caused damage in the public domain, or [split wood] in the public domain and caused damage in a private domain, or [split wood] in a private domain and caused damaged in a different private domain, he is liable.

(8) [If] two oxen that are categorized as "tam" (meaning that they have not proven themselves "muad", or prone to causing injury) injured each other, they pay half-damages of the excess (i.e., the damages to one are subtracted from the damages to the other, the difference is calculated, and the owner of the ox that caused the greater damage pays half the difference). [If] both [oxen] are categorized as "muad" (prone to causing damage), they pay full damages of the excess. [In the case where] one [ox] is a "tam" and one is a "muad": [If] the "muad" injures the "tam", its owner pays full damages of the excess. [If] the "tam" injures the "muad", its owner pays half-damages of the excess. And similarly, [in the case of] two men who injured each other, they pay full damages of the excess. [If] a man injured a "muad" [ox] and the "muad" injured the man, they pay full damages of the excess. [If] a man injured a "tam" [ox] and the "tam" injured the man: [If the injury caused by the] man to the "tam" [is greater] then he pays full damages of the excess. [If the injury caused by the] "tam" to the man [is greater] then he [the owner of the ox] pays half-damages of the excess. Rabbi Akiva says, even [in the case where the injury caused by the] "tam" to the man [is greater], he [the owner of the ox] pays full damages of the excess.

(9) [Regarding the case of ] an ox worth a maneh (100 zuz) that gored an ox worth 200 [zuz] and the carcass is worthless, he [the owner of the dead ox] takes the [live] ox. [Regarding the case of ] an ox worth a 200 [zuz] that gored an ox worth 200 [zuz] and the carcass is worthless: Rabbi Meir says, this is the case referred to by the verse (Exodus 21:35), "And they shall sell the live ox and divide its worth." Rabbi Judah said to him, "And is this truly the law?" You have fulfilled [the verse], "And they shall sell the live ox and divide its worth," but you have not fulfilled [the continuation of the verse] "And they shall also divide the dead [ox]." How is this? This refers to [the case of] an ox worth a 200 [zuz] that gored an ox worth 200 [zuz] and the carcass is worth 50 zuz, that this one takes half the value of the live [ox] and half the value of the dead [ox], and this one takes half the value of the live [ox] and half the value of the dead [ox].

(10) There is [a case] where one is liable for the action of his ox, but exempt from his own action, [and a case] where he is exempt for the action of his ox, but liable for his own action. [If] his ox embarrassed [another person], he is exempt. [But if] he embarrassed [another person], he is liable. [If] his ox blinded the eye of his slave or knocked out his tooth, he is exempt. [But if] he blinded the eye of his slave or knocked out his tooth, he is liable. [If] his ox injured his father or mother, he is liable. [But if] he injured his father or mother, he is exempt (from monetary damages). [If] his ox lit a pile of grain on the Sabbath, he is liable. [But if] he lit a pile of grain on the Sabbath, he is exempt (from monetary damages). [In the last 2 cases, he is exempt from monetary damages] because he is liable for capital punishment.

(11) [If] an ox was chasing after another ox, and caused damage. This one says "Your ox damaged," and this one says, "No, your ox was injured on a rock," the burden of proof is upon the one who wishes to be compensated. If two [oxen] were chasing after one [ox], this one says, "Your ox damaged," and this one says, "Your ox damaged," both are exempt. If both [oxen] belonged to a single owner, both are liable. If one was large and one was small, and the injured [owner] says, "The large one damaged," and the one who damaged says, "No, the small one damaged" ... [Or If] one was a "tam" (not observed to habitually inflict damage) and one was a "muad" (observed to habitually inflict damage), and the injured [owner] says, "The 'muad' damaged," and the injurer says, "No, the 'tam' damaged" ... ... [in these cases] the burden of proof is upon the one who wishes to be compensated. If two [oxen] were damaged, one large and one small, and two [oxen] caused the damage, one large and one small... ... The injured [owner] says, "The large one damaged the large one and the small one damaged the small one," and the one who damaged says, "No, the small one injured the large one and the large one injured the small one" ... [Or if] one was a "tam" and one was a "muad," and the injured [owner] says, "The 'muad' damaged the large one and the 'tam' damaged the small one," and the one who damaged says, "No, the 'tam' injured the large one and the 'muad' injured the small one" ... ... [in these cases] the burden of proof is upon the one who wishes to be compensated.

(1) If an ox gored a cow [and it died] and its newly born offspring was found [dead] at its side, and it is not known if the cow gave birth before the ox gored, or if after the ox gored the cow gave birth, he [ox's owner] pays half damages for the cow and one quarter damages for the newborn. And if a cow gored an ox and its [cow] newly born young was found at its side, and it is not known if it gave birth before she gored, or if after she gored she gave birth, he [cow's owner] pays half damages from the [value of the] cow and one quarter damages [from the value] of the newborn.

(4) If an ox intended [to gore] another ox and struck a woman and her offspring came forth, its owner is not liable for the value of the offspring. But if a man intended to strike his fellow and struck a woman and her offspring came forth, he must pay the value of the offspring. How does he pay the value of the offspring? They assess the value [on the slave market] of the woman before she gave birth and the value after she gave birth. Rabban Shimon ben Gamaliel said: If so, once a woman gives birth she is more valuable. Rather, they assess how much the offspring would be worth [were they to be sold as slaves], and he pays it to the husband, or if she has no husband, to his heirs. If she was a freed slave or a convert he is exempt.