The document discusses rules for determining liability when livestock damages property. It states that an owner is liable if their animal escapes from an unsecured enclosure and causes damage. The owner is also liable if they leave the animal in an unsafe situation, such as in the sun or with someone who cannot properly care for it, like a deaf-mute. However, if the damage was caused by thieves or if the animal accidentally fell onto the property, the owner is not responsible. To calculate damages, the value of the damaged property before and after is compared, and the owner pays the difference.
2. One gathered his sheep into an enclosed field and
it escaped and damaged someone else’s property
If he did not lock
If he locked it
it up properly
up properly
פטור חייב
If the fence of the field broke open at night,
or broken into by robbers, and the sheep
escaped and damaged, the owner is פטור
If the robbers took out the sheep and
it did damage, the robbers are חייב
for the damage
If the owner left the sheep in the sun, or
gave it over to a deaf-mute, deranged
person, or minor, he is חייבfor any damage
it causes
3. If the owner gave the sheep over to a shepherd…
the shepherd becomes responsible in his place
An animal enters someone’s property and benefited…
If it fell there If it wandered
accidentally in on its own
Owner pays for Owner pays for
what the animal the damage
benefited caused
How do we evaluate how
much the damage is worth?
We compare the value :ר' שמעון אומר
of the field before the If the fruits were
damage to the value of ripe, he pays the full
the field now. He pays
value of the fruits
the difference
damaged
