Mishnah Bava Kamma 2

¹How is the leg [of a beast] an attested danger to break [what it tramples upon] as it walks along? A beast is an attested danger [only] in so far as it goes along in its usual way and breaks [an object]. If it kicked, or if small stones were tossed out from beneath its feet and it thus broke other vessels, one pays half damages. If it trampled upon a vessel and broke it, and this [broken vessel] fell upon another vessel and broke it, for the first one pays full damages and for the other half damages. Fowls (chickens and roosters) are an attested danger in so far as they go along in their usual way and break [objects]. But if the fowl had its feet entangled, or if it was jumping and it thereby broke any vessel one pays half damages. ²How is the tooth [of a beast] an attested danger to eat that which it is fit to consume? A beast is an attested danger to eat fruit and vegetables. [If however] it ate clothing or utensils [the owner] pays only half damages. When does this apply? [This applies] in the domain of the damaged party But if it was within the public domain, the owner is not liable. If [the beast] benefited, [the owner] pays what it benefited. How does [the owner] pay what [the animal] benefited? [If it ate] from the middle of the marketplace, [the owner] pays what [the animal] benefited. [If it ate] from the sides of the marketplace, [the owner] pays for the damage [the animal] did. [If it ate] from in front of the store [the owner] pays for what [the animal] benefited. [If it ate] from inside the store [the owner] pays for the damage [the animal] did. ³If a dog or a goat jumped from a roof and broke vessels, [the owner] must pay full damages, since they are attested dangers. A dog that took a cake [while there was a cinder attached] and went to a stack of grain and ate the cake and burned the stack of grain, For the cake [the owner] pays full damages And for the stack of grain [the owner] pays half damages. ⁴Which kind of animal is accounted harmless and which is an attested danger (muad)? An attested danger is one that people have given testimony about [that it damaged] for three days. A harmless one is one that has refrained from damage for three days. This is according to Rabbi Judah. Rabbi Meir says, An attested danger is one that people have given testimony about three times. A harmless one is one that children can touch and it will not gore. ⁵“An ox which causes damage in the private domain of him that is injured” how is this so? If it gored, pushed, bit, lay down, or kicked in the public domain its owner pays only half damages. But if in the private domain of him that is injured, Rabbi Tarfon says, “He pays full damages.” The Sages says, “Half damages.” Rabbi Tarfon said to them: “Now, in a case in which the law dealt leniently with regards to damages caused by the foot and tooth in the public domain, in which case he is exempt, and stringently in the private domain of him that is injured to pay full damages, then since they have dealt stringently with damage caused by the horn in the public domain, ought we not deal more stringently with damage cause by the horn in the private domain of him that was injured, so that full damages be imposed.” They (the sages) said to him: “It is enough if the inferred law is as strict as that from which it is inferred: if [for damages caused by the horn] in the public domain half damages [are imposed], so also [for like damages] in the private domain of him that was injured, half damages [are imposed]. He said to them: “I shall not derive the law in one case of damage caused by the horn from the law in another case of damage caused by the horn. Rather I will derive the law of damage caused by the horn from the law of damage caused by the foot. Now in a case in which the law dealt leniently with regards to damages caused by the foot or tooth in the public domain, they have dealt strictly with damage caused by the horn, ought we not deal more stringently with damage cause by the horn in the private domain. They (the sages) said to him: “It is enough if the inferred law is as strict as that from which it is inferred: if [for damages caused by the horn] in the public domain half damages [are imposed], so also [for like damages] in the private domain of him that was injured, half damages [are imposed]. ⁶Human beings are always an attested danger, whether the damage is caused inadvertently or deliberately, whether the person who caused the damage is awake or asleep. If a man blinded his fellow’s eye or broke his utensils he must pay full damages.