Rav Yosef would respond: All of Nezikin, i.e., Bava Kamma, Bava Metzia, and Bava Batra, is one tractate.

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.

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.

When a man opens a pit, or digs a pit and does not cover it, and an ox or an ass falls into it.

The owner of the pit must make restitution; he shall pay the price to the owner, but shall keep the dead animal.

When any party who owns livestock lets it loose to graze in another’s land, and so allows a field or a vineyard to be grazed bare, restitution must be made for the impairment of that field or vineyard.

When a fire is started and spreads to thorns, so that stacked, standing, or growing grain is consumed, the one who started the fire must make restitution.

There are four archetypal damages: the ox and the pit and the destroying beast and the fire.

The ox is not like the destroying beast, nor is either of them, which are alive, like fire, which is not alive.

Nor is any of these, whose habit is to travel and injure, like the pit, which does not generally travel and injure.

What they all have in common is that it is their habit to do injury and that you are responsible for caring over them; and when they do injury the injuror must pay damages from the best of his land.

Everything that I am responsible for guarding I have made part of my liability for damages.

If I have partially made it dangerous, I am liable for damages as if I totally rendered it dangerous.

Property that does not have “meilah” [i.e. sacrilege]; property that belongs to people of the covenant [Jews]; property that is owned, other than in the domain of the injurer and the common domain of the injured and injurer; when injury is made the injurer must pay for the injury with the best of his land.

Assessment in money or in things worth money; before a court and by witnesses that are free and people of the covenant [Jews].

Women are included in damages.

The injured and the injurer are both in the compensation.

When a man’s ox pushes his neighbor’s ox and it dies, they shall sell the live ox and divide its price; they shall also divide the dead animal.

If, however, it is known that the ox was in the habit of goring, and its owner has failed to guard it, he must pay ox for ox and the dead one is his.

What is the difference between "harmless" and "known"?

It called harmless if it does damage irregularly and it's not in its nature for damage to stem from it but, rather, it just happened.

It's called known

if it is normal for this to happen, always or most of the time.

Five rank as "tam", "harmless" and five as "muad", "known".

Cattle are not known to gore, push, bite, lie down, or kick.

The tooth is known to eat that which is fit for it.

The leg is known to break as it walks along.

And the warned ox 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 are known.

Rabbi Eliezer says: When they are tame they are not known, but the snake is always known.

What is the difference between harmless and known?

The harmless pays half-damages from its own body [the owner's] and the known pays full damages from the best property [the owner's].

How is the leg known to break as it walks along?

A beast is known to walk in its usual way and break [stuff].

If it kicked, or if small stones were tossed out from beneath its feet and it thus broke other vessels, someone pays half damages.

If it trampled on a vessel and broke it, and this one fell upon another vessel and broke it, for the first, someone pays full damages and for the last one half damages.

Chickens are known to walk in their usual way and break [stuff]. But if the chicken had its feet tangled in a cord, or if it was jumping and it broke any vessel, someone pays half damages.

How is the tooth known to eat whatever is suitable for it?

A beast is known to eat fruit and vegetables.

If it ate clothing or utensils someone pays only half damages. When does this apply? In the domain of the damaged party, but if it was within the public domain, he is not liable.

If it benefited, he pays what it benefited. How does he pay what it benefited?

If it ate from the middle of the marketplace, he pays what it benefited.

From the sides of the marketplace, he pays for the damage . From in front of the shop, he pays what it benefited.

From inside the shop, he pays for for the damage.

What is the difference between "harmless" and "known"?

It called harmless if it does damage abnormally and it's not in its nature for damage to stem from it but, rather, it just happened.

It's called known

if it is normal for this to happen, always or most of the time.

If a dog or a goat jumped from a roof and broke vessels, he pays full damages, since they are known.

If a dog took a cake and went to a stack of grain and ate the cake and lit the stack of grain, he pays full damages for the cake and half damages for the stack of grain.

Which [ox] is harmless and which is known [muad]?

Known is when people have testified about it for three days and harmless is when it has gone back for three days [to normal behaviour], according to Rabbi Judah.

Rabbi Meir says, known is when people have testified about it three times and harmless one is one that children touch .

The ox which causes damage on the property of the person who was injured - how so?

If it gored, pushed, bit, lay down, or kicked in the public domain its owner pays only half damages.

But on the property of the person who was injured - Rabbi Tarfon says, "full damages” and the sages say, “half-damages”.

Rabbi Tarfon said to them:

We were lenient with damage caused by the foot and tooth in the public domain: he is exempt.

We were strict when it was on the property of the person who was injured: he pays full damages.

Since we are strict on damage caused by the horn in the public domain, to pay half-damages, should we not be even more strict with damage cause by the horn on the property of the person who was injured, to pay full damages?”

They said to him, It is enough if the law we infer is as strict as the law from which it is inferred.

Just as there are half-damages in the public domain, so there are half-damages on the property of the person who was injured.

He said to them:

“I shall not derive the horn from the horn; I will derive the horn from the foot."

We were lenient with damage caused by the foot and tooth in the public domain.

We were strict with the horn.

Since

: he is exempt but we dealt strictly with the horn, since we deal more strictly with them [foot and tooth] on the property of the person who was injured, should we not deal more strictly with damage cause by the horn?

They said to him, It is enough if the law we infer is as strict as the law from which it is inferred.

Just as there are half-damages in the public domain, so there are half-damages on the property of the person who was injured.

But the LORD said to Moses, “If her father spat in her face, would she not bear her shame for seven days? Let her be shut out of camp for seven days, and then let her be readmitted.”

A human is always known, whether by accident or on purpose, whether awake or asleep.

Someone who blinded his fellow’s eye or broke his utensils must pay full damages.

If someone left a jug in the public domain, and another came and tripped over it and broke it, he is exempt.

And if he was injured by it, the owner of the jug is liable for his injury.

If his jug broke in the public domain, and another slipped on the water or was hurt by the potsherds, he is liable.

Rabbi Judah says: “If with intention, he is liable, and without intention he is not liable.”

Someone who poured out water in the public domain, if another was injured by it, is liable for his injury.

Someone who hid thorns or glass, or made his fence out of thorns, or if his fence fell into the public domain and another was injured by it, is liable for his injury.

What is said, that if someone hid thorns or glass or made a fence out of thorns and someone is damaged by them, he is liable, refers to someone who did this on public space.

If he did this at the the end of his property he is no longer liable for anything, because we have an established principle that it's not normal for people to rub against walls.

Someone who puts out his chopped straw and his stubble and his olive-skins into the public domain for fertilizer, if someone else is injured, is liable for his injury, and whoever comes first may take possession of them.

Someone who turns over a piece of dung in the public domain, if someone else is injured , is liable for his injury.

Two pot-sellers were walking one behind the other; if the first stumbled and fell, and the second stumbled on the first, the first one is liable for the injury of the second.

This one comes with his jar and the other one comes with his beam: this one’s jar is broken by that one’s beam, he is exempt, since this one had the right to walk along and that one had the right to walk along.

If the owner of the beam came first and the owner of the jar came after, and the jar was broken by the beam, he is exempt.

If the owner of the beam stopped, he is liable, but if he said “Stop” to the owner of the jar, he is exempt.

If the owner of the jar came first and owner of the beam came after, and the jar was broken by the beam, he is liable.

If the owner of the jar stopped, he is exempt, but if he said “Stop” to the owner of the beam, he is liable.

And similarly when one comes with his candle and the other with his flax.

Two people were going along in the public domain, one running and the other walking, or both running, and they injured each other, neither is liable.

Our mishnah refers to twilight on the eve of Shabbat.

Someone who was splitting [wood] in a private domain and injured someone in the public domain, or in the public domain and injured someone in the private domain, or in a private domain and injured someone in another private domain, is liable.

If a man goes with his neighbor into a grove to cut wood; as his hand swings the ax to cut down a tree, the ax-head flies off the handle and strikes the other so that he dies. That man shall flee to one of these cities and live.

He is liable. Even though he did it in his own domain, and there weren't many people there, we would say that he should have considered and and even in this situ he is liable.

Two harmless oxen which hurt one another, one pays half-damages for the excess.

If both were known, one pays full damages for the excess.

If one was harmless and the other was known, the excess damage of the known to the harmless is full damages while the excess damage of the harmless to the known is half-damages.

And similarly if two men hurt one another, one pays full damages for the excess.

If a man and a known ox hurt one another, one pays full damages for the excess.

If a man and a harmless ox hurt one another, he pays full damages for the excess caused by the man against the harmless ox and half damages for the excess caused by the harmless ox against the man.

Rabbi Akiva says: “Even if a harmless ox hurt a man, full damages must be paid for that one which suffered the greater hurt."

So, too, if it gores a minor, male or female, he shall be dealt with according to the same rule.

If an ox worth 100 gored an ox worth 200, and the carcass is not worth anything, he takes the ox.

If an ox worth 200 gored an ox worth 200 and the carcass is not worth anything, Rabbi Meir said, “If thus it was written, ‘they shall sell the live ox and divide its price, they shall also divide the dead animal’.

Rabbi Judah said to him: “Such is the halakhah, you have fulfilled the verse ‘they shall sell the live ox and divide its price’, but you have not fulfilled the verse ‘they shall also divide the dead one’.

What case is this? If an ox worth 200 gored an ox worth 200 and the corpse is worth 50, this one takes half of the live ox and half of the dead ox, and this one takes half of the live ox and half of the dead ox.

It is possible to be liable for the act of one's ox and exempt from one's own act,

or liable for one's own act while exempt from the act of one's ox.

If his ox caused embarrassment he is exempt; if he caused embarrassment he is liable.

His ox blinded the eye of his slave or knocked out his tooth, he is exempt; and if he blinded the eye of his slave or knocked out his tooth, he is liable.

His ox injured his father or mother he is liable; and if he injured his father or mother he is exempt.

His ox set a sheaf on fire on Shabbat, he is liable; he set a sheaf on fire Shabbat he is exempt, because he is liable for his life.

If his ox caused embarrassment he is exempt – as it is written (Leviticus 24:19): “A person to his fellow” and not “An ox to his fellow.”

If a person injures his fellow, as he has done thus shall it be done to him:

break for break, eye for eye, tooth for tooth. Just as he makes an injury on another person, so shall be made on him.

So shall be made on him — Our Rabbis explained that this does not mean the real infliction of an injury but rather that it means monetary compensation (Bava Kamma 84a, Ketubot 32b).

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.

If he knocks out the tooth of his slave, male or female, he shall let him go free on account of his tooth.

He who strikes his father or his mother shall be put to death.

His ox set a sheaf on fire on Shabbat, he is liable. Half damages since it is /strange.

If an ox was pursuing another ox and it was injured: this one claims “Your ox caused the injury, and this one claims “No, it hit a rock”, the one who wishes to claim compensation carries the burden of proof.

Two oxen were pursuing another: this one claims “Your ox caused the injury”, and this one claims “Your ox caused the injury”, they are both exempt. However, if they were both owned by one man, they are both liable.

One was big and was small: the injured says that “The large one caused the injury”, and the the injuring one says, “The small one caused the injury”.

One was a harmless ox and one was known: the injured says, “The known one caused the injury, and the injuring one says, “The harmless one caused the injury”, the one who wishes to claim compensation carries the burden of proof.

If two oxen were injured, one big and one small, and two oxen caused the injury, one big and one small: the injured says, “The big ox injured the big ox and small ox injured the small ox,” and the injuring one says, “The small ox injured the big ox and the big ox injured the small ox”;

One was harmless and one was known: the injured says, “The known injured the big ox, and the harmless injured the small ox”, the injuring one says, “No rather the harmless one injured the large ox and the known one injured the small ox”, the one who wishes to claim compensation carries the burden of proof. .

An ox has gored four or five other oxen, one after the other: he shall pay to the last one of them.

If there is surplus, he will return it to the previous one, and if there is still surplus, he will return it to the previous one, and the last one benefits, according to Rabbi Meir.

Rabbi Shimon says, “An ox worth 200 gores an ox worth 200 and the carcass is not worth anything, this one takes a maneh [100] and this one takes a maneh [100].

It then injured another ox worth 200: the last one takes 100 and the one before it takes 50 zuz. and he took 50 zuz.

It then injured another ox worth 200: the last one takes 100 and the one before it takes 50 zuz, and the first two receive a gold dinar [25].

Rava said: Actually, the mishna is in accordance with the opinion of Rabbi Yishmael, who says that all the injured parties are creditors. . . . With what are we dealing here? Where the first injured party seized it to collect payment from it, and became like a paid custodian with regard to its damage.

We arrive at the opinion of Rabbi Akiva, who says that the ox is shared in partnership.

An ox which is a known danger for its own species, and is not known for that which is not its own species; or known for humans and not known for cattle; or known for children and not known for adults; for that for which it is known he pays full damages, and for that for which it is not known he pays half damages.

They said in front of Rabbi Judah: “What if it is known on the Sabbath, and it is not known during the week?”

He said to them: “For Sabbaths he pays full damages and for during the week he pays half damages.”

When will this ox be considered harmless? After it refrains from doing injury for three Sabbath days.

An ox of an Israelite that gored an ox that was dedicated [to the Temple], or a dedicated ox that gored an ox of an Israelite, is exempt, as it says, “The ox of his neighbor” (Exodus 21:35), and not a dedicated ox.

An ox of an Israelite that gores one of a gentile is exempt and one of a gentile that gores the ox of an Israelite, whether harmless or known, pays full damages.

According to the Gemara, this applies specifically to nations that are not bound by religious and neighbourly habits, as the Gemara states: "When he saw that nations of the world failed to observe the seven Noahide commandments, he rendered their property permissible for seizure."

However, anyone who adheres to the seven Noahide commandments has legal standing in our courts equal to ours in theirs, and there is no favoritism of in our favour in judgment.

From this, it goes without saying that this applies to nations that are bound by religious and neighbourly habits.

An ox belonging to a person of sound mind which gored the ox of a deaf-mute, an mentally deficient person or a minor, is liable.

And an ox belonging to a deaf-mute, a mentally deficient person or a minor which gored the ox of a person of sound mind is exempt.

If the ox of a deaf-mute, an insane person or a minor gored, the court appoints a guardian over them, and they testify about them in the presence of the guardian.

If the deaf-mute became of sound senses, or the insane person recovered, or the minor came of age, it goes back to being harmless, according to Rabbi Meir.

Rabbi Yose says, “It remains as it was assumed to be.”

An ox from the stadium is not liable to be put to death, for it says, “If it gores” (Exodus 21:28), and not “If they make it gore.”

It goes back to being harmless – for he holds that a known ox which left the domain of his masters and entered into the domain of other masters returns to being harmless, for a different domain changes the law about its warning.

And this is not the nature of the ox, rather, the will of their owner. And many sinful people do this with many types of animals and birds.

(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 imposed, the owner must pay whatever is imposed to redeem the owner’s own life.

(31) If it gores a child, boy or girl, it 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

.

AND HIS OWNER ALSO SHALL BE PUT TO DEATH.

At the hand of God. You might perhaps think by human agency!

The text states, (Numbers 35:21) “he shall surely be put to death; for he is a murderer”; you shall put him to death for his murder but you shall not put him to death for his ox's murder (Sanhedrin 15b; cf. also Mekhilta).

If an ox gored a person and he died, if it was known he must pay the ransom, if it was harmless he is exempt from the ransom.

In both cases the ox is liable for death .

So too a son or a daughter.

If it gored a male or a female slave he pays 30 sela [120 zuz], whether he was worth a maneh or not even a gold dinar [25 zuz].

An ox that was rubbing itself against a wall and it fell on a person;

that intended to kill an animal and killed a man;

that intended to kill a gentile and killed an Israelite;

that intended to kill an still-birth and killed a live child; is exempt.

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.

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.

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.

The ox of a woman, the ox of orphans, the ox of a guardian, a wild ox, an ox belonging to the Temple, or an ox belonging to a proselyte who died and has no inheritors, are all liable for the death penalty.

Rabbi Judah says, “A wild ox, an ox belonging to the Temple, or an ox belonging to a proselyte who died are exempt from death, since they have no owners.”

If an ox goes out to be stoned, and its owners dedicated it to the Temple, it is not considered dedicated.

If he slaughtered it, its flesh is forbidden.

But if before its sentence was complete its owner dedicated it, it is dedicated. If he slaughtered it, its flesh is permitted.

If one handed it to an unpaid guardian, or to a borrower, or to a paid guardian, or to a hirer, they take the place of the owners.

If

it got out and caused damage, he pays full damages for known danger and half damges if it was harmless.

If its owner tied it with reins, or locked it up, and it got out and caused damage, he is liable

.

Rabbi Judah says: “If it was harmless he is liable, but if it was known he is exempt, as it says, “and its owner did not guard it”, but this one has been guarded.

Rabbi Eliezer says: “The only guard is the knife.”

And the halakah is like Rabbi Yehudah but he is obliged to slaughter it to remove the possibility of its damage.

If an ox gored a cow and its young was found 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, the owner of the ox pays half damages for the cow and one quarter damages for the newborn.

And similarly if a cow gored an ox and its new-born was found at its side, and it is not known if the cow gave birth before she gored, or if after she gored before she gave birth, the owner pays half damages from the value of the cow and one quarter damages from value the newborn.

If a potter brought his pots into the courtyard of a householder without permission, and the householder’s cattle broke them, he is not liable.

And if the cattle were injured by them, the owner of the pots is liable.

But if he brought them in with permission, the owner of the courtyard is liable.

If a man brought his produce into the courtyard of a householder without permission, and the householder’s cattle ate it, he is not liable.

And if the cattle were injured by it the owner of the produce is liable.

But if he brought it in with permission, the owner of the courtyard is liable.

If someone brought his ox into the courtyard of a householder without permission and the householder’s ox gored it or the householder’s dog bit it, the householder is not liable.

If it gored the householder's ox, he is liable.

If it fell into the cistern and polluted its water, he is liable.

If his father or son was inside it he pays the price.

But if he brought it in with permission, the owner of the courtyard is liable.

Rebbi says about all of these: “Until the householder had accepted that he would to watch over it.

The halakhah is like Rebbi, who said that the owner of the house is not liable for anything if he did not accept upon himself to guard it, and similarly the owner of the ox is not liable for anything since he entered with permission.

If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no further harm ensue: he shall be surely punished, according as the woman’s husband will lay upon him; and he shall pay as the judges determine.

If an ox aimed at its fellow and struck a woman and her offspring came forth, he is not liable for the value of the offspring.

But if a person aimed at its fellow and struck a woman and her offspring came forth, he pays the value of the offspring.

How does he pay the value of the offspring? They assess the value 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, and he pays it to the husband, and if she has no husband they give to his heirs.”

If she was a freed bondwoman or a proselyte no penalty is incurred.

When a person opens a pit, or digs a pit and does not cover it, and an ox or an ass falls into it, the owner of the pit must make pay; he shall pay silver to the owner, and the dead one shall be his.

If he dug a pit in the public domain and an ox or ass fell into and died, he is liable. No matter whether he digs a pit, trench, or cavern, or ditches or channels he is liable.

If so, why does it say “a pit” (Exodus 21:33)? Just as a pit which is deep enough to cause death is ten handbreadths deep, so anything is deep enough to cause death if it is ten handbreadths deep.

If they were less than ten handbreadths deep and an ox or an ass fell in and died, the owner is not liable; but if it was damaged he is liable.

If a man dug a pit in a private domain and opened it into the public domain, or if he dug it in the public domain and opened it into a private domain, or if he dug it in a private domain and opened it into another private domain, he is liable.

A pit belonged to two partners; the first one went over it and did not cover it, then the second went over it and did not cover it, the second is liable.

If the first one covered it, then the second came and found it uncovered and did not cover it, the second is liable.

If he covered it properly and an ox or an ass fell into it and died, he is not liable.

If he did not cover it properly and an ox or an ass fell into it and died, he is liable.

If it fell forward because of the sound of the digging, he is liable; backwards because of the sound of the digging, he is not liable.

If an ox and its gear fell into it and they broke, or an ass with its gear and it was torn, he is liable for the beast but not liable for the gear.

If an ox that was deaf, insane or young fell in, he is liable.

A boy or a girl or a slave or a bondwoman fell in, he is not liable.

An ox and all other beasts are the same under the laws of falling into a pit, keeping away from Mount Sinai, double restitution, returning lost property, unloading, muzzling, diverse kinds, and the Sabbath.

So too wild animals and birds.

If so, why is it written “an ox or an ass”? Because Scripture in the present.

And thou shalt set bounds to the people round about, saying, Take heed to yourselves, that you go not up into the mountain, or touch the border of it: whoever touches the mountain shall be surely put to death: no hand shall touch him, but he shall surely be stoned, or shot through; whether it be beast or man, it shall not live: when the horn sounds long, they shall come up to the mountain.

If the theft be at all found in his hand alive, whether it be ox, or ass, or sheep; he shall restore double.

If thou meet thy enemy’s ox or his ass going astray, thou shalt surely bring it back to him again.

If thou see the ass of him that hates thee lying under its burden, and wouldst forbear to unload it, thou shalt surely unload it with him.

If a man shall deliver to his neighbour money or vessels to keep, and it be stolen out of the man’s house; if the thief be found, he shall pay double. If the thief be not found, then the master of the house shall be brought to the judges, to swear that he has not put his hand to his neighbour’s goods.

For all manner of trespass, whether it be for ox, for ass, for sheep, for a garment, or for any manner of lost thing, of which one can say, This is it, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double to his neighbour.

If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep.

The rule of double restitution is broader than the rule of fourfold or fivefold, for the rule of double restitution applies to what has the breath of life and to what does not have the breath of life, while the rule of fourfold and fivefold applies only to an ox or a sheep, for it is written, “If a man shall steal an ox or a sheep and kill it, or sell it, he shall pay five oxen for an ox and four sheep for a sheep” (Ex. 21:37).

Someone who steals from a thief does not pay twofold restitution and someone who slaughters or sells from a thief does not pay fourfold or fivefold.

Someone who stole on the evidence of two witnesses and killed it or sold it according to the evidence of two others, pays fourfold or fivefold.

If he stole and sold on the Sabbath,

stole and sold for idolatry

stole and sold on the Day of Atonement,

stole what was his father’s, slaughtered it or sold it and afterward his father died,

stole and sold or slaughtered it and then dedicated it to the Temple,

he must pays fourfold or fivefold.

Someone who stole and slaughtered or sold it for use in healing, or for dogs,

slaughtered it and it was found to be not kosher,

if he slaughtered it in the Temple Court as common food,

he pays fourfold or fivefold.

In these two cases Rabbi Shimon exempts.

If he stole on the evidence of two, and killed or sold on their evidence, and they are found to be false, they pay him the whole penalty.

If he stole on the evidence of two, and killed it or sold it on the evidence of two others, and both are found to be false, the first pay twice and the last pay three times..

If the second were found to be false witnesses, he pays twice and they pay three times.

If one of the second set of witnesses was found to be a false witness, the evidence of the second is void.

If one of the first set of witnesses was found to be a false witness, the entire evidence is void, for if there is no theft there is no slaughter or sale.

If an unrighteous witness rise up against any man to bear perverted witness against him;

then both the men, between whom the controversy is, shall stand before the LORD, before the priests and the judges that shall be in those days.

And the judges shall inquire diligently; and, behold, if the witness be a false witness, and hath testified falsely against his brother;

then shall ye do unto him, as he had schemed to do unto his brother; so shalt thou put away the evil from the midst of thee.

If he stole on the evidence of two, and killed or sold on the evidence of one or to his own evidence, he makes twofold restitution, but not fourfold or fivefold restitution.

If he stole and slaughtered on the Sabbath, or stole it and slaughtered for idolatrous use, or stole what was his father’s and his father died, and he afterward slaughtered or sold it, or if he stole it and then dedicated it, and afterward slaughtered it or sold it, he pays twice but not four or five times.

Rabbi Shimon says: “For holy things for which he is responsible he pays four or five times, but if he is not responsible, he is exempt.”

If he sold it, other than a hundredth part, or if he had a share in it, or he slaughtered it and it became unfit to eat by his own hand, or if he pierced the windpipe or rooted out its gullet, he makes twofold restitution but not fourfold or fivefold restitution.

If he stole it in the owners' domain, but slaughtered it or sold it outside their domain, or if he stole it outside their domain and slaughtered or sold it within their domain; or if he stole it and slaughtered or sold it outside their domain, he must make fourfold or fivefold restitution.

But if he stole it and slaughtered or sold it within their domain, he is exempt.

He was dragging it out and it died in the owner’s domain; he is exempt.

If he lifted it or took it out of the owner’s domain and it died, he is liable.

If he gave it as the firstborn dues for his son, or gave it to his creditor, or to an unpaid guardian, or to a borrower, or to a paid guardian, or to a hirer, and one of them was dragging it away and it died in the owner’s domain, he is exempt.

If they had lifted it up or taken it outside and it died within the owner’s domain, he is liable.

It is forbidden to rear small cattle in the Land of Israel, but it is permitted to rear them in Syria or in the wildernesses of the Land of Israel.

It is forbidden to rear chickens in Jerusalem because of the holy things, nor may priests rear them in the Land of Israel because of clean foods.

A Jew should not rear pigs anywhere.

A person should not rear a dog unless it is tied with a chain.

It is forbidden to set snares for pigeons unless it be thirty ris from an inhabited place.

One may not raise pigs anywhere.

Our Sages taught: When the families of the Hasmoneans were at war with each other, Hyrcanus, was inside and Aristobulus outside.

And every day they would lower down dinars in a box and they would send up the daily offerings to them.

There was a certain elder there who was familiar with Greek wisdom, and he said to them, "as long as they occupy themselves with the service, they will not be delivered into your hands."

The next day they lowered down money in a box and they sent up to them a pig. When the pig reached halfway up the wall it stuck its hooves into the wall, and the Land of Yisrael quaked for four hundred parasangs by four hundred parasangs.

At that time they said: Cursed is the man who raises pigs, and cursed is the man who teaches his son Greek wisdom.

There are four primary causes of injury: the ox and the pit and the crop-destroying beast and fire.

Everything that I am responsible for guarding I have made part of my liability for damages.

If a man brought his flock into a pen and shut it in properly and it went out and caused damage, he is exempt.

If he had not shut it in properly and it went out and caused damage, he is liable.

If it was broken through at night, or bandits broke it, and the flock came out and caused damage, he is not liable.

If bandits brought it out, the bandits are liable.

If he left it in the sun, or he put it in the care of a deaf-mute, someone mentally deficient, or a minor, and it came out and caused damage, he is liable.

If he delivered it to a shepherd, the shepherd takes the place of the owner.

If the flock fell into a garden and derived any benefit, he pays for the benefit.

If the flock went down in its usual way and caused damage, he must pay for the damage it caused.

How does he pay for the damage it caused? They assess what a seah’s space of ground in that field was worth before and what it is worth now.

Rabbi Shimon says: “If they consumed fully grown produce he must repay with fully grown produce; if one seah, one seah, if two seah, two seahs.

If a person stacked his sheaves in his fellow’s field without permission, and a beast belonging to the owner of the field ate them, he is exempt.

If it was injured by them, the owner of the stack is liable.

If he made the stack with his permission, the owner of the field is liable.

One who stacks in the midst of a field of his friend without permission etc....

Since we have said the guardian of the field in a valley and to any person they can stack in the midst of the field, and he gives him permission... Behold it is as if he has accepted upon himself to guard it.

And therefore the guard will be obligated. And even though he did not tell him 'I will guard it'... However the owner of a house we have explained that he is not obligated until he accepts upon himself to guard it.

If fire gets out, and catches thorns, and stacks of corn, or the standing corn, or the field are consumed; he that lit the fire shall pay.

Someone who sends fire via a deaf-mute, an idiot or a minor is not liable by the laws of man, but he is liable by the laws of Heaven.

If he sends it via a person of sound senses, the one of sound senses is liable.

If one person brought the fire, and then another brought the wood, he that brought the wood is liable.

If one person brought the wood and then another brought fire, he that brought the fire is liable.

If another came and fanned the flames, the one who fanned the flame is liable.

If the wind fanned the flame, they are all exempt.

If a man sent forth fire, and it consumed wood or stones or dust, he is liable, for it says: “When a fire breaks out and spreads to thorns so that the stacked corn is consumed, or the standing corn, or the field, he that kindled the fire shall surely make restitution.”

If it passed over a fence four cubits high, or over a public way, or over a river, he is exempt.

If a man kindled fire within his own domain, how far may it spread? Rabbi Eleazar ben Azariah says: “It is looked at as if it was in the middle of a beytkur.” [274 ama square]

Rabbi Eliezer says: “Sixteen amot like a public highway.”

Rabbi Akiva says: “Fifty ama.”

Rabbi Shimon says: “He that kindled the fire shall surely make restitution", all according to the fire.”

If a man set fire to a stack and in it there were utensils and these caught fire: Rabbi Judah says: “He must make restitution for what was therein.” But the Sages say: “He need only pay for a stack of wheat or barley.”

If a kid was fastened to it and a slave stood near by, and they were burnt with it, he is liable.

If there was a slave fastened to it and a kid stood near by and they were burnt with it, he is not liable.

The Sages agree with Rabbi Judah that if a man set fire to a large building, he must make restitution for everything therein; for such is the custom among men to leave things in houses.

If a spark flew out from under the hammer and caused damage, he is liable.

If a camel laden with flax passed by in the public domain and its load of flax entered into a shop and caught fire, the owner of the camel is liable.

But if the shopkeeper left his light outside, the shopkeeper is liable.

Rabbi Judah says: “With a Hannukah light, he is not liable.”

Ravina said in the name of Rabba: That is to say it is a mitzvah to place the Hanukkah lamp within ten handbreadths, for if it should enter your mind that it could be above ten handbreadths, he could say, "You should have placed it above a camel and its rider".

Or you could say, if you burden someone excessively, he will come to refrain from the mitzvah.

Rav Kahana said that Rav Natan bar Minyumi taught in the name of Rabbi Tanḥum: A Hanukkah lamp that someone placed higher than twenty amot is invalid, just like a sukka and an alleyway.

And Rav Kahana said that Rav Natan bar Minyumi taught in the name of Rav Tanḥum: What is the meaning of, “and the pit was empty, there was no water in it” (Genesis 37:24)? From what was said, "and the pit was empty", don’t I know that there was no water in it?

But the verse says, "there was no water in it" to teach that, while there was no water in it, there were snakes and scorpions.

But if any harm follow, then thou shalt give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe.

Someone who wounds his fellow is liable to him for five things: for injury, for pain, for medical expenses, for time off work and for embarrassment.

For injury - how so? If he blinded his fellow’s eye, cut off his hand or broke his foot, he is assessed as if he was a slave to be sold in the market, how much he was worth and how much he is worth.

For pain’? If he burned him with a spit or a nail, even though it was on his fingernail, a place where it leaves no wound, they estimate how much money such a man would be willing to take to suffer so.

Medical expenses? If he struck him he is liable to pay for healing him. If sores arise on him on account of the blow, he is liable; if not on account of the blow, he is not liable. If the wound healed and then opened and healed and then opened, he is liable to heal him. If it healed completely, he is not liable to pay to heal him.

Time off work? He is looked upon as a watchman of a cucumber field, since he already gave him compensation for the loss of his hand or foot.

Embarrassment? All is according to the status of the one that inflicted embarrassment and the one that suffered embarrassment. If someone embarrassed a naked man, or a blind man, or a sleeping man, he is liable. If a sleeping man inflicted embarrassment, he is exempt.

If someone fell from the roof and caused injury and inflicted embarrassment, he is liable for the injury but not for the embarrassment, as it says, “And she puts forth her hand and grabs him by the private parts”, a person is liable only when he acts intentionally.

This is stricter for a man than it is for an ox, stricter again for a man than for an ox: for a man must pay for damage [pain, healing, time and embarrassment] and make restitution for the value of the young; whereas the ox pays only for damage and is not liable for the value of the young.

* [the text in brackets is missing from Kaufman]

If a man struck his father or his mother and inflicted no wound, or if he wounded his fellow on Yom Kippur, he is liable for all of them.

If he wounded a Hebrew slave, he is liable for all of them, except loss of income, if it was his.

If he wounded another person's Hebrew slave [Canaanite, in the margin] he is liable for all of them.

Rabbi Judah says: “Slaves do not receive compensation for embarrassment.”

When men strive together, a man with his brother . . .

The halakha is not like Rabbi Yehuda.

An encounter with a deaf-mute, an idiot or a minor is bad: someone who injures them is liable, but if they injure others they are exempt.

An encounter with a slave or a wife is bad: someone who injures them is liable, but if they injure others they are exempt.

However, they pay after some time; if the woman was divorced or the slave freed they are liable to pay.

Someone who struck his father or mother and made a wound, or wounded his fellow on the Sabbath, he is not liable for any of the because he is liable for his life.

Someone who wounded his Canaanite slave is not liable for any of them.

There are many types of blows that involve embarrassment and a small amount of pain, but no permanent damage. Our Sages have already ordained specific payments for these types of blows. hoever strikes a colleague with one of these blows must pay this specified amount. These are all considered k'nasot.
The specific amount that the person must pay is the assessment for pain, embarrassment, medical attention and unemployment. Whether or not the injured requires medical attention and loses employment, this is the amount that must be paid.

הכל לפי כבודו – all of these monies that were mentioned in the Mishnah are not other than for the most honored. But for a despised person, we lessen it for him.

If someone hit his fellow, he gives him a sela (four zuz).

Rabbi Judah says in the name of Rabbi Yose the Galilean: “A maneh (100 zuz).”

If he slapped him he gives him 200 zuz.

With the back of his hand, he gives him 400 zuz.

If he tore at his ear, plucked out his hair, spat and his spit touched him, or pulled his cloak off him, or bared a woman’s head in the street, he gives 400 zuz.

This is the general rule: all is in accordance with the person’s honor.

Rabbi Akiva said: “Even the poor in Israel are regarded as free people who have lost their possessions, for they are the children of Abraham, Isaac and Jacob. It once happened that a man bared a womanhead in the street and she came before Rabbi Akiva and he obliged him to pay her 400 zuz.

He said, “Rabbi, give me time”. And he gave him time.

He caught her standing at the entrance to her courtyard, and he broke a jug in front of her containing one issar’s worth of oil. She uncovered her head and scooped up the oil in her hand and laid her hand on her head.

He had set up witnesses up against her and he came before Rabbi Akiva and said to him, “Rabbi, should I give 400 zuz to someone like this?”

He answered, “You have said nothing.” Someone who injures himself, even though he has no permission to do so, is not liable. But others who injure him are liable. cuts down his own saplings, even though he has no right to do so, is not liable. But, if others cut them down, they are liable.

Even though a man pays, he is not forgiven until he entreats him, for it says: “Therefore restore the man’s wife… ” (Genesis 20:7).

And from where do we learn that he who must forgive should not be cruel? As it says: “And Abraham prayed unto God and God healed Avimelech” (Genesis 20:17).

If a man said, “Blind my eye”, or “Cut off my hand”, or “Break my foot”, he [that does it] is liable.

“On the condition that you will be exempt”, he is still liable.

“Tear my garment”, or “Break my jug”, he that does so is liable. “On the condition that you will be exempt”, he is not liable.

“Do so to such-and-such a person, on the condition that you will be exempt", he is liable, whether it was against his person or his property.

Now therefore restore the man’s wife; for he is a prophet, and he shall pray for thee, and thou shalt live; and if thou restore her not, know thou that thou shalt surely die, thou, and all that are thine.’

And Abraham prayed unto God; and God healed Abimelech, and his wife, and his maid-servants; and they bore children.

They said, "There is a 'yes' that is like a 'no'", and this is the person who said to him to damage his body on condition to be exempt, for is known that a person does not let something like this pass, and therefore he's obligated.

then it shall be, if he hath sinned, and is guilty, that he shall restore that which robbed, or the thing which he hath gotten by oppression, or the deposit which was deposited with him, or the lost thing which he found,

or any thing about which he hath sworn falsely, he shall even restore it in full, and shall add the fifth part more thereto; unto him to whom it appertaineth shall he give it, in the day of his being guilty.

And he shall bring his guilt-offering unto the LORD, a ram without blemish out of the flock, according to thy valuation, for a guilt-offering, unto the priest.

"He shall restore that which he robbed . . . and he shall bring his guilt-offering."

For the sacrifice only achieves atonement if the guilty party has first satisfied appeased the damage, before bringing the sacrificey, as they of blessed memory have said (Bava Kama, 9:12), "if he brought the offering before restoring the theft, he has not fulfilled his obligation".

Someone who stole wood and made it into utensils, or wool and made it into garments, pays as at the moment of theft.

Someone who stole a pregnant cow and it gave birth, or a sheep ready to be sheared and he then sheared it, he repays the value of a cow about to give birth, or a sheep ready to be sheared.

Someone who stole a cow, and while it was with him it became pregnant and bore young, or a sheep, and while it was with him it grew wool and he sheared it, pays as at the moment of theft.

This is the general rule: all robbers pay as at the moment of theft.

Someone who stole a beast and it grew old, or slaves and they grew old, pays as at the moment of theft.

Rabbi Meir says: “With slaves the thief may say to the owner, ‘Here is what is yours before you.’”

If he stole a coin and it cracked, or fruit and it rotted, or wine and it turned into vinegar, he pays as at the moment of theft.

A coin and it went out of use, terumah and it became impure, or leaven and the time of Passover arrived, or a beast and it was used for a transgression, or became unfit to be offered, or it went out to be stoned, he says to him, “Here is what is yours before you.”

If someone gave to craftsmen to repair, and they ruined it, they are obliged to pay.

If he gave a carpenter a box, chest or cupboard to repair, and he ruined it, he is obliged to pay.

A builder who undertook to pull down a wall and broke the stones or made damage is obliged to pay.

If he was demolishing at one end and it fell down on the other, he is exempt; and if it fell due to the blow, he is liable.

If someone gave wool to a dyer and the cauldron burned it, he must repay him the value of the wool.

If he dyed it horribly: if the improvement was more than the expenditure, he must give him the expenditure; if the expenditure was more than the improvement, he must give him the improvement.

"Dye it red" and he dyed it black; black and he dyed it red, Rabbi Meir says: “ He must pay the cost of the wool.”

Rabbi Judah says: “if the improvement was more than the expenditure, he must give him the expenditure; if the expenditure was more than the improvement, he must give him the improvement. ".

If a man robbed his fellow of the value of a perutah and swore [falsely] to him, he must take it to him even as far as Medea. He may not give it to his son or to his agent, but he may give it to the agent of the court. If his fellow had died he must return it to his heirs.

If he had given him the principal but had not given him the fifth, or if he had forgiven him the principal but not the fifth, or if had forgiven him both except for less than a perutah’s worth of the value, he need not travel after him.

If he had given him the fifth but had not given him the principal, or if he had forgiven him the fifth but not the principal, or if had forgiven him both except for a perutah’s worth of the principal, he must travel after him.

If he had paid him the value and had sworn [falsely] to him concerning the fifth, he must pay a fifth on the fifth until the value becomes less than a perutah’s worth.

So too with a deposit or a pledge or through robbery, or by defrauding his fellow, or by finding something lost and lying about it, behold, this one pays the principal and the fifth and brings a guilt-offering.

“Where is my deposit?”. He said, “It is lost”.

“I will make you swear”, and he said “Amen!”, and the witnesses testify that he ate it, he pays the principal.

But if he admitted it himself, he pays the principal and the fifth and brings a guilt-offering.

Speak unto the people of Israel: When a man or woman shall commit any sin that men commit, to commit a trespass against the LORD, and that soul be guilty;

then they shall confess their sin which they have done; and he shall make return his guilt in full, and add to it its fifth, and give it to whom he is guilty to.

Here, you see, Scripture writes down again the section dealing with a person who robs by violence from another, and swears falsely regarding it, — it is the same section that has already been stated in the parasha of VaYikra (Leviticus 5:21),

“[If a soul sin], and commits a trespass against the Lord, and deny unto his neighbour etc.” The reason why it is repeated here is because of two new points which are contained in it. The one is that it (Scripture) writes here, “and if they confess” which teaches that one is not liable to payment of the fifth (in addition to the capital; cf. Leviticus 5:24), nor to bring a guilt offering (cf. Leviticus 5:25) if he is convicted by the evidence of witnesses, but only when he himself confesses the matter (his guilt). The second new point is about something stolen from a proselyte (cf. Rashi on v. 8) — that it has to be handed over to the priests (cf. Sifrei Bamidbar 2).

“Where is my deposit?”. He said, “It is stolen”.

“I will make you swear”, and he said “Amen!”, and the witnesses testify that he stole it, he must pays twice.

But if he admitted it himself, he pays the principal and the fifth and brings a guilt-offering.

If a man stole from his father and swore [falsely] to him, and the father died, he must repay the value and the fifth to the father’s sons or brothers. If he will not repay or if has does not have, he must borrow and the creditors come and are repaid.

If a man said to his son, “Konam, you will not derive any benefit from that which is mine”, and he died, the son may inherit him.

“Both during my life and at my death”, when he dies the son may not inherit from him and he must give to his sons or brothers.

If he has nothing, he takes out a loan, and the creditors come and exact payment.

If one is under a vow not to benefit from his neighbor, [his neighbor] may pay his shekel, pay off his debts, and return a lost article to him. Where payment is taken for this, the benefit should become sacred property.

If the man has no kinsman to whom restitution can be made, the amount which is repaid shall go to the priest in addition to the ram of atonement, whereby atonement shall be made for him

BUT IF THE MAN HAS NO KINSMAN — This means that the claimant who put him to the oath, died and has left no heirs.

If someone stole from a convert and swore [falsely] to him, and the convert died, he must repay the value and the added fifth to the priests, and the guilt-offering to the altar, as it says: “If the person has no kinsman . . . "(Numbers 5:8).

If he brought the money and the guilt-offering and then died, the money shall be given to his sons, and the guilt-offering shall be left to pasture until it suffers a blemish, when it shall be sold, and its money shall be a voluntary offering.

If he gave the money to the men of the priestly watch and then died, his inheritors cannot recover it from their hands, as it says, “Whatsoever a man gives to a priest shall be his” (Numbers 5:10).

If he gave the money to Yehoyariv, and the guilt-offering to Yedayah, he has fulfilled his obligation.

If he gave the guilt-offering to Yehoyariv and the money to Yedayah: if the guilt-offering still remains, the sons of Yedayah shall offer it; otherwise, he must bring another guilt-offering, for if a man brought what he had stolen before he offered his guilt-offering, he has fulfilled his obligation; but if he brought his guilt-offering before he brought what he had stolen, he has not fulfilled it.

If he gave the value but not the fifth, the [missing] fifth does not prevent him.

If someone stole and fed his children, or left it in front of them, they are exempt from paying.

If it was subject to mortgage they must pay.

We don't make change from the chest of an excise collector or from the wallet of tax collectors, nor take any charity from them. But we take from their own house or from the market.

If excise collectors took his donkey and gave him another donkey, or bandits robbed a man of his coat and gave him another coat, they are his own, since the original owners gave up hope of recovering them.

If a man saved something from a flood or from bandits: if the owner gave up hope of recovering it, they belong to him.

So too with a swarm of bees: if the owner gave up hope of recovering it, it belongs to him.

Rabbi Yochanan ben Baroka said, a woman or child is believed if they say, ‘The swarm of bees got out from here’ and someone may go into his field to take his swarm and if he causes damage he pays for the damage that he has caused.

But

he may not cut off a branch of the tree even on condition that he pay its value.

Rabbi Yishmael, the son of Rabbi Yochanan ben Baroka, says he cuts and gives the money.

They are his own – for, in general, the owners have despaired immediately, and this one acquired it through despair and the change of domain.

If a man recognized his utensils or books in another’s hands and a report of theft had gone out in the town, the purchaser swears how much he paid and he takes it.

And if not, he , for I might say that he had first sold them to another and this one bought it from him.

One person came with his jar of wine and the other came with his jug of honey and the jug of honey cracked, and the other poured out his wine and saved the honey [by receiving it] into his jar, he can claim no more than his wages.

If he had said, “I will save yours and you give me the value of mine,” he is obliged to give to him.

If a flood swept away someone's donkey and his friend's donkey, and his own was worth a maneh [100 zuz] and his friend's 200 [zuz], and he left his own and saved that of his fellow, he can claim no more than his wages.

If he had said, “I will save yours and you give me the value of mine,” he is obliged to give to him.

Someone stole a field from his fellow and oppressors came and took it from him.

If the whole district suffered, he may say to him, “Here, what is yours is in front of you.”

If it was on account of the robber, he must provide him with a [different] field.

If a river swept it away he may say to him, “Here, what is yours is in front of you.”

Someone who stole something from his friend, or borrowed it, or received it as a deposit, in town may not return it to him in the desert.

"On condition that he was going out to the desert", he may return it to him in the desert.

If a man said to his fellow, “I robbed you”, “You lent to me”, “You deposited with me", but I do not know whether I returned it or not, he is obligated to repay.

But “I do not know whether I robbed you, or “whether you lent me”, or “whether you deposited with me”, he is exempt from repaying.

Someone who stole a lamb from the flock and restored it, but it died or was stolen again, is responsible for it.

If the owner knew neither of its theft nor of its return and counted the flock and found it complete, the thief is exempt.

One does not to buy wool or milk or kids from herdsmen, nor or trees from those that guard fruit.

However, one may buy garments of wool from women in Judea and garments of flax from women in the Galilee or calves in the Sharon. And whenever they said "Hide" it is forbidden.

And one may buy eggs and chickens anywhere.

Shreds of wool which the laundryman pulls are his, but those which the woolcomber pull out are the householder's.

The laundryman pulls out three threads an they are his, more than this they are the householder's.

If there were black threads among the white, he may take them all and they are his.

A tailor who had left over thread sufficient to sew a piece of cloth three fingerbreadths by three fingerbreadths must return them to the householder.

What a carpenter takes off with a plane belongs to him; but with a hatchet belongs to the householder.

And if he was working at the householder’s , even the sawdust belongs to the householder.

Rav Yehuda said: someone who wants to be a hasid should make manifest the words of Nezikin.

We will return to you, Tractate Bava Kama, and you will return to us; our mind is on you, Tractate Bava Kama, and your mind is on us; we will not forget you, Tractate Bava Kama, and you will not forget us – not in this world and not in the next world.