K. Damages - Nezikin
"In the eleventh book I will include commandments regarding
the relationship between a man and his fellow-man in
which damage to person or property is initially involved.
And I have called this book the Book of Damages."
64. Damage by Property - Nizkei Mammon
If an animal does damage its owner must pay, as it
says "And if a man's ox strikes his friend's ox..."1; but
if it does damage through an act that is unusual for it
he pays only half, and only up to the value of the animal
that did the damage, unless it has become accustomed to
such acts. However, there is no responsibility if the
damage is done on the owner's property, as it says "And
he sends his animal and it eats in another's field"2;
and there is responsibility only for unusual acts if the
damage is done in a place where the animal has a right to
go or if the animal was adequately restrained but escaped.
If the animal does not have a private owner
at the time the damage is done or at the time of the trial,
there is no responsibility.a
If an animal intentionally kills a man it must be
stoned, as it says "And if an ox gores a man or woman and
they die the ox shall be stoned..."3; and if it has killed
repeatedly and has an owner he must pay the heirs compensation
(unless it kills on his property), as it says "[And
if it is a goring ox...] he shall give redemption for his
life according to what he is assessed".3,b
If someone places an obstacle in a public domain and
an animal is damaged or killed by it he is responsible,
as it says "And if a man opens a pit... and an ox or ass
falls there the owner of the pit shall pay..."4; but he
is responsible only for a degree of damage that could
normally occur from such an obstacle. He is also responsible
for damage to a person but not for the death of a
person, and he is not responsible for damage to utensils.c
If someone lights a fire and does not take adequate
precautions to keep it on his property, and it spreads
and does damage to things that could normally be present
where it spread, he is responsible, as it says "If a fire
goes... and grain [in] the field is consumed the lighter
of the fire shall pay".5 If it does damage to a person
he is responsible as though he had done the damage by
hand. The same laws apply to other sources of damage
that are propelled by the wind, provided it is not an
unusual wind.d
Sources: |
| 1. Ex. 21:35-36 |
a. 1:1-2,4,7-8; 7:1; 8:4 |
| 2. Ex. 22:4 |
b. 10:1-2,9,11; 11:1-2 |
| 3. Ex. 21:28-32 |
c. 12:1,10,15; 13:1-2 |
| 4. Ex. 21:33-34 |
d. 14:1-2,8ff,15-16 |
| 5. Ex. 22:5 |
|
