Yerushalmi Bava Kamma 2:4 ירושלמי בבא קמא ב׳:ד׳

MISHNAH: How does he pay for what it benefited from? If it ate on the public square, he pays for what it benefited from⁶⁶At a place open for public use, the animal’s owner pays only the price of animal feed even if it ate human food.. On the borders of the public square⁶⁷The space is not for use; its status is of domain open neither for the person responsible for causing the damage nor the person suffering it., he pays for what it damaged. From the door of a store⁶⁸If the owner of the store encroached on the public domain to exhibit his wares., he pays for what it benefited from; inside the store he pays for what it damaged.

HALAKHAH: “How does he pay for what it benefited from,” etc. Rav said, if it bent its neck and ate, he pays for what it damaged⁶⁹This is a direct continuation of the argument of Halakhah 3. The exemption of “tooth” only applies to an animal grazing in walking; not to one turning out of its way to feed. The same opinion is held by Rav in the Babli, 21a; there, the authoritative opinion is that of Samuel who exempts all feeding in the public domain.. But did we not state: “From the door of a store, he pays what it benefited from; inside the store he pays for what it damaged”? How is that? Rebbi Yose ben Rebbi Abun said, explain it that a donkey carried lambs and when it passed by, they bent their necks and ate; from the door of a store, he pays what they benefited from; inside the store he pays for what they damaged. Rav said, if it ate barley, he pays for straw⁷⁰Probably, not straw without grain is meant but עָמִיר, entire stalks with the kernels, as formulated in the Babli, 20a.. But did not Rebbi Ḥiyya state and disagree? ⁷¹Tosephta 1:7; partially quoted in the Babli, 20a.“Therefore, if it ate wheat which is bad for it, it is free. If it changed and ate, he pays full damages. What means ‘if it changed and ate, he pays full damages’? If somebody had his chest hanging on his back and a cow stretched out its neck and ate from it, [its owner] pays full damages⁷²Since the remaining grain is no longer fit for human consumption.. If a large container was at the entrance to a store, partially outside and partially inside; if a cow stretched its neck and ate from it, he pays full damages⁷²Since the remaining grain is no longer fit for human consumption..”