meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Nezikin/Mishnah Bava Kamma/English/Open Mishnah.txt"}
text: Mishnah Bava Kamma
  משנה בבא קמא
  Open Mishnah
  
  
  Mishnah Bava Kamma
  
  
  
  
  
  There are four generative categories of causation in property torts: The ox, the pit, the "consumer," and the conflagration.  The characteristics of the ox are not similar to the characteristics of the "consumer."  And the characteristics of the "consumer" are not similar to the characteristics of the ox.  Nor are either of these, which have an animating spirit, similar to the conflagration, which has no animating spirit.  Nor are any of these, which are wont to move and do damage, similar to the pit, which is not wont to move and do damage.  The common denominator among them is that they are inclined to do damage, and the duty of their care is upon you, and if they do damage, the defendant must pay from the best land.
  Once I have accepted the duty of care for a thing, I have prepared the way for its causation of damage.  Once I have partially prepared the way for its causation of damage, I have accepted monetary liability for damages as if I had prepared the way for the entity of its causation of damage.  In cases of things that cause damage to properties not covered by sacrilege laws, properties which belong to members of the Covenant, owned properties, and properties located outside the private domain of the defendant or the shared private domain of the plaintiff and the defendant, the defendant must pay the monetary judgement for damages from the best land.
  Assessment of monetary liability and monetary equivalence takes place before a constituted court and with the agreement of witnesses who are free men and members of the covenant.  And women are equal with regard to damages.  And the plaintiff and the defendant may share in the proceeds of sale.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  If one robbed another of something worth a perutah And [nontheless] swore [that he did not do so], He must take it to him [even if he needs to go as far as] to Media.  He may give it neither to his son Nor to his agent, But he may give it to an agent of the court.  If [the victim] died, [The robber] must restore it to his heirs.