Talmud Yerushalmi
Yerushalmi Bava Kamma 1:4 ירושלמי בבא קמא א׳:ד׳
Part of: Chapter 1
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משנה: חֲמִשָּׁה תַמִּין וַחֲמִשָּׁה מוּעָדִין הַבְּהֵמָה אֵינָהּ מוּעֶדֶת לֹא לִיגַּח וְלֹא לִיגּוֹף וְלֹא לִישּׁוֹךְ וְלֹא לִרְבּוֹץ וְלֹא לִבְעוֹט. הַשֵּׁן מוּעֶדֶת לוֹכַל אֶת הָרָאוּי לָהּ. שׁוֹר הַמּוּעָד וְשׁוֹר הַמַּזִּיק בִּרְשׁוּת הַנִּיזּוֹק וְהָאָדָם.
MISHNAH: Five harmless147Domesticated animals (cattle, sheep, or goats) are not supposed to be agressive unless known to be so. The shephard is not required to watch the animals as if they were ready to be agressive. Even if it is known that an animal is prone to bite, one need not assume that it also will gore, hit with its body, kick with its feet, or lie down on other animals or vessels in order to cause damage. For each one of these categories, the danger from the animal has to be established separately; otherwise the owner only pays half of the damage caused. and five notorious animals. An animal is not known to gore, nor to hit, nor to bite, nor to lie down, nor to kick. The tooth is known to eat what is appropriate for it148If a shepherd leads his flock through a market place, he must assume that his animals will eat any fruit or vegetables near them when they pass by, and he has to take appropriate precautions or pay full damages. But he does not have to assume that his animals will start to eat clay vessels or other inedible matter.
A sentence is missing here, found in E, the Mishnah in the Babli, and the independent Mishnah: “The foot is notorious to break anything in its way.” As the Mishnah stands here, there are only four categories of notorious sources of damage.. A notorious bull, a bull of the person who causes the damage on the property of the person who suffered the damage, and the human149These three categories pay full damages under any circumstances..
MISHNAH: Five harmless147Domesticated animals (cattle, sheep, or goats) are not supposed to be agressive unless known to be so. The shephard is not required to watch the animals as if they were ready to be agressive. Even if it is known that an animal is prone to bite, one need not assume that it also will gore, hit with its body, kick with its feet, or lie down on other animals or vessels in order to cause damage. For each one of these categories, the danger from the animal has to be established separately; otherwise the owner only pays half of the damage caused. and five notorious animals. An animal is not known to gore, nor to hit, nor to bite, nor to lie down, nor to kick. The tooth is known to eat what is appropriate for it148If a shepherd leads his flock through a market place, he must assume that his animals will eat any fruit or vegetables near them when they pass by, and he has to take appropriate precautions or pay full damages. But he does not have to assume that his animals will start to eat clay vessels or other inedible matter.
A sentence is missing here, found in E, the Mishnah in the Babli, and the independent Mishnah: “The foot is notorious to break anything in its way.” As the Mishnah stands here, there are only four categories of notorious sources of damage.. A notorious bull, a bull of the person who causes the damage on the property of the person who suffered the damage, and the human149These three categories pay full damages under any circumstances..
הלכה: חֲמִשָּׁה תַמִּין וַחֲמִשָּׁה מוּעָדִין כול׳. אָמַר רִבִּי יוֹחָנָן. דְּרִבִּי טַרְפוֹן הִיא. בִּרְשׁוּת הַנִּיזָּק. רִבִּי טַרְפוֹן אוֹמֵר. נֶזֶק שָׁלֵם. וַחֲכָמִים אוֹמְרִים. חֲצִי נֶזֶק.
HALAKHAH: “Five harmless and five notorious animals,” etc. Rebbi Joḥanan said, this150That any damage caused in another person’s domain has always to be paid in full. The quote is from Mishnah 2:7. In the Babli, 15b, the statement is attributed to Samuel who takes pains to make clear that the first half of the Mishnah not be in dispute. follows Rebbi Ṭarphon: “In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages.”
HALAKHAH: “Five harmless and five notorious animals,” etc. Rebbi Joḥanan said, this150That any damage caused in another person’s domain has always to be paid in full. The quote is from Mishnah 2:7. In the Babli, 15b, the statement is attributed to Samuel who takes pains to make clear that the first half of the Mishnah not be in dispute. follows Rebbi Ṭarphon: “In the domain of the person sustaining the damage, Rebbi Ṭarphon said, full damages; but the Sages say, half damages.”