Babylonian Talmud

Rodkinson 1918 — source 10, scan section 4

damage. One who empties water into public ground, or one who builds his fence of thorns ; or a fence that falls into public ground, and some persons were injured thereby, he is liable. The former pious men used to bury their thorns and broken glass in their fields three spans below the surface. All those who obstruct a public thoroughfare by placing chattels therein and cause damage are liable. If one carrying a barrel followed one carrying a beam, and the barrel was broken by the beam, what is the law ? Potters and glaziers that walked one following the other, and one stumbled and fell, etc. If they all fell because of the first one, the first is liable for the damage of all of them, 57-69 MiSHNAS VI. TO XJ/I. Two that walked on public ground, one running and the other one walking, etc., what is the law ? One who chopped wood on public ground and caused damage on private ground, etc. One who enters a carpenter's shop without permission, and was struck on his face by a flying splinter. About employees who came to demand their wages from their employer and were gored by his ox or bitten by his dog. About two non-vicious oxen that wounded each other. The difference in the explanation of the verse Exod. xxi. 35. About a non-vicious ox that has done damage and was sold, consecrated, slaughtered, or presented to somebody. About an ox of the value of two hundred selas that gored another ox of equal value and the carcass was of no value what- ever. There are cases when one is liable for the acts of his ox and is free ii they are his own acts, and vice versa. How so ? The rule is that the burden of proof is upon the plaintiff. If one claims that he is positive, while the other one is not positive, what is the law ? . . . . 69-^8 1 CHAPTER IV. MiSHNAS /. TO IV. An ox that gores four or five oxen one after another, the last of them must be paid from the body of the goring ox, if he was ye« considered non-vicious. About an ox that is vicious towards his own species, but not towards other species, or towards human beings, etc. There is a case where an ox became vicious " in alternate order." About an ox xii SYNOPSIS OF SUBJECTS. belonging to an Israelite that gored an ox belonging to the sanctuary (see foot- note). An ox of a sound person that gored an ox belonging to a deaf-mute, idiot, or minor, there is a liability. If the reverse was the case there is none. There is a difference of opinion of the Tanaim as to whether a guardian is appointed in order to collect from the body of the ox. Guardians pay from the best estates, but do not pay the atonement money. About one who borrows an ox with the understanding that he was non-vicious and it was found out that he was vicious, 82-93 MiSHNAS V. TO IX. An ox that killed a man by goring him, if he was a vicious one, the atonement money is to be paid, but not when he was a non-vicious one. How can there be found a vicious ox in regard to man ? If one confers, saying, " My ox has killed a certain person," or " his ox," he has to pay on his own testimony. If one's fire has done damage without intention, is there a liability or not ? About an ox that was rubbing against a wall, whereby the wall fell upon a human being and killed him. About an ox belonging to a woman, to orphans, or their guardian, etc., that killed a man. About an ox that was sentenced to be put to death and his owner consecrated him. About an ox delivered to a gratuitous bailee or a borrower, etc. About an ox which was properly locked up, but yet broke out and did damage. Whence is it deduced that one must not raise a noxious dog in his house, nor maintain a defective ladder ? 93-105 CHAPTER V. MiSHNAS /. TO yi. About an ox that gored a cow and the new-born calf was found dead at her side. The cow and her offspring are not separately appraised. A potter that placed his pottery in the court of another, or one who led his ox into the court of another without permission, what is the law ? When he assured the safety of the ox, did it only extend to himself or also to all cattle ? About a woman that entered a house to bake, and the house-owner's goat, having consumed the dough, became feverish and died. About one who enters a court without permission and injures the court- owner, or the latter is injured through him. About one who said: "Lead in your ox and take care of him," and he did damage or was injured. About an ox which intended to gore another ox, and injured a woman and caused her to miscarry. To whom must the compensation for the miscarriage be paid, to the woman or to her husband ? Does the increase in the valuation also belong to the husband ? About an Israelite's pledge which is in the hands of a proselyte, and the latter dies without heirs. About one who digs a pit on private ground and opens it into public ground, or vice versa. One who digs and opens a well and delivers it over to the community is free. About one who digs a pit on public ground and an ox or an ass falls into it. Are the vapors therein contained, or is the shock received by the animal, the cause of death when falling into a pit ? 106-120 MiSHNAS VII. TO IX. When a pit belongs to two partners, and one <*[ them passes by and does not cover it, and so also does the second, the latter only is liable. About a pit which was ten spans deep and which was con*- SYNOPSIS OF SUBJECTS. xiii pleted by another one to be twenty, and still by another one to be thirty spans deep. Each span of water equals two of dry ground. If one dig a pit ten spans deep and another widen it toward one direction only, what is the law ? One who sells his house, the title passes with the delivery of the keys. If he sells a flock of cattle, title passes with the delivery of the Mash- khukhith (the forerunning goat kept at the head of the flock as a leader). If he covered the pit sufficiently to withstand oxen but not camels, and camels came along and made the cover shaky and then oxen fell therein, what is the law ? What about the gernion of damage ? About one who places a stone on the edge of the opening of a pit, and an ox stumbles over the stone and falls into the pit. About an ox and a man who together push some other into a pit. There is no difference between an ox and another animal as regards falling into a pit, to have been kept distant from Mount Sinai, payment of double, restitution of lost property, unloading, muzzling, Kilayim, and Sabbath. Nor is there any difference between the above-men- tioned and a beast or bird. Why in the first commandments is it not writ- ten "that it may be well with thee," while in the second commandments it is ? 120-130 CHAPTER VI. MiSHNAS /. TO ///. If one drive his sheep into a sheep-cot and properly