Related%20passage for Bava Kamma 5:6

בּוֹר שֶׁל שְׁנֵי שֻׁתָּפִין, עָבַר עָלָיו הָרִאשׁוֹן וְלֹא כִסָּהוּ, וְהַשֵּׁנִי וְלֹא כִסָּהוּ, הַשֵּׁנִי חַיָּב. כִּסָּהוּ הָרִאשׁוֹן, וּבָא הַשֵּׁנִי וּמְצָאוֹ מְגֻלֶּה וְלֹא כִסָּהוּ, הַשֵּׁנִי חַיָּב. כִּסָּהוּ כָרָאוּי, וְנָפַל לְתוֹכוֹ שׁוֹר אוֹ חֲמוֹר וָמֵת, פָּטוּר. לֹא כִסָּהוּ כָרָאוּי, וְנָפַל לְתוֹכוֹ שׁוֹר אוֹ חֲמוֹר וָמֵת, חַיָּב. נָפַל לְפָנָיו מִקּוֹל הַכְּרִיָּה, חַיָּב. לְאַחֲרָיו מִקּוֹל הַכְּרִיָּה, פָּטוּר. נָפַל לְתוֹכוֹ שׁוֹר וְכֵלָיו וְנִשְׁתַּבְּרוּ, חֲמוֹר וְכֵלָיו וְנִתְקָרְעוּ, חַיָּב עַל הַבְּהֵמָה וּפָטוּר עַל הַכֵּלִים. נָפַל לְתוֹכוֹ שׁוֹר חֵרֵשׁ, שׁוֹטֶה וְקָטָן, חַיָּב. בֵּן אוֹ בַת, עֶבֶד אוֹ אָמָה, פָּטוּר:

A bor of two partners — If the first passed by it and did not cover it, and the second, and did not cover it, the second is liable. [This, if the first gave the second the cover of the bor as he passed by and he did not cover it.] If the first covered it and the second passed by and found it uncovered and he did not cover it, the second is liable. If he covered it properly and there fell into it an ox or an ass, [as when the cover became worm-eaten], and it died, he is not liable. If he did not cover it properly and there fell into it an ox or an ass and it died, he is liable. If it fell forwards because of the sound of the digging, he is liable. [If he were digging and the ox heard the sound of the hammer and took fright and fell into the bor and died, he is liable. And though we can contend that since it fell because of the sound of the digging, bor liability falls away and there remains only the factor of his causing the sound of the digging, which, being an indirect cause, should not render him liable — still, he is liable, the nezek itself having occurred in the bor.] (If it fell) backwards because of the sound of the digging, he is not liable. [If the ox stumbled on the mouth of the bor because of the sound of the digging and fell backwards, outside the bor, and died, he is not liable. For the nezek itself did not occur in the bor, and the sound of the digging is only an indirect cause, for which he is not liable.] If there fell into it an ox and its implements and they were broken; an ass and its appurtenances, and they were torn [("breaking" applies to the implements of the ox — yoke and plow; "tearing," to the appurtenances of the ass — the clothes bundles and the pack-saddle on its back)], he is liable for the beast and not liable for the implements, [it being written (Exodus 21:33): "…and there fall into it an ox or an ass" — an ox, and not a man; an ass, and not vessels.] If there fell into it an ox that were deaf, or deranged, or "minor," he is liable. [But he is not liable for a "sound" ox, which should have looked while walking.] He is not liable for (minor) son or daughter, bondsman or bondswoman.

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