Mishnah
Mishnah

Related%20passage for Bava Kamma 1:2

כָּל שֶׁחַבְתִּי בִשְׁמִירָתוֹ, הִכְשַׁרְתִּי אֶת נִזְקוֹ. הִכְשַׁרְתִּי בְמִקְצָת נִזְקוֹ, חַבְתִּי בְתַשְׁלוּמִין כְּהֶכְשֵׁר כָּל נִזְקוֹ. נְכָסִים שֶׁאֵין בָּהֶם מְעִילָה, נְכָסִים שֶׁל בְּנֵי בְרִית, נְכָסִים הַמְיֻחָדִים, וּבְכָל מָקוֹם חוּץ מֵרְשׁוּת הַמְיֻחֶדֶת לַמַּזִּיק וּרְשׁוּת הַנִּזָּק וְהַמַּזִּיק. וּכְשֶׁהִזִּיק, חָב הַמַּזִּיק לְשַׁלֵּם תַּשְׁלוּמֵי נֶזֶק בְּמֵיטַב הָאָרֶץ:

Everything that I am obliged to guard, I have effected its damage, [i.e., If I did not guard it properly and it caused damage, it is I who effected and "readied" that damage, and I am liable for it. If one, for example, gives his ox to a deaf-mute, an imbecile, or a minor (and it causes damage), he is liable for it, for the guarding of his ox devolved upon him, and he did not guard it properly.] If I effected part of its damage, [even though I did not "ready" the whole], I am liable for payment as if I had effected the whole, [as when one dug a pit nine tefachim (handbreadths) in the public domain and another came and completed it to ten, and an ox or an ass fell therein and died, in which instance the completer is liable. For though he readied only part of the damage, it is as if he had effected the whole, there being no death in nine.] [And for which property am I liable to pay if I damaged it?] Property not subject to me'ilah (desecration), [i.e., non-Temple property. For if I damage hekdesh (Temple property), I am not liable, it being written (Exodus 21:35): "the ox of his neighbor" — and not the ox of hekdesh. The same applies to all other damages.], property of "the children of the covenant" [If one damaged property of a gentile, he is exempt.], distinctive property, [i.e., property which has distinctive owners. If he damaged property of hefker (ownerless property), he is not liable.] [Wherever what belongs to a man damages what belongs to his neighbor, the mazik is liable] except (in) the domain which is exclusively that of the mazik, [so that if the ox of the nizak (the one damaged) entered the domain of the mazik, and the ox of the mazik injured it, the mazik is not liable; for he can say to him: "What is your ox doing in my property!" This, only when his (the mazik's) possessions caused the damage; but if the mazik himself injured his neighbor, though he (the latter) is standing in his (the mazik's) domain, he is liable. For the nizak can say to him: "Granted you have the right to eject me, but you have no right to injure me."], and (except in) the domain [which is distinctively that] of the nizak and the mazik [i.e., In a courtyard belonging to both, if the ox of one of them damaged by shen or regel, he (the owner) is not liable. This, if that courtyard is set aside for oxen too. But if it were set aside for fruits and not for oxen, and it damaged by shen or regel, he is liable. And if it damaged by keren, he is liable in any event.] And if it caused damage, the mazik must pay for the damage with the best of his property.

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