Mishnah
Mishnah

Related%20passage for Bava Kamma 6:2

הִנִּיחָהּ בַּחַמָּה, אוֹ שֶׁמְּסָרָהּ לְחֵרֵשׁ, שׁוֹטֶה וְקָטָן, וְיָצְאָה וְהִזִּיקָה, חַיָּב. מְסָרָהּ לְרוֹעֶה, נִכְנָס רוֹעֶה תַּחְתָּיו. נָפְלָה לְגִנָּה וְנֶהֱנֵית, מְשַׁלֶּמֶת מַה שֶּׁנֶּהֶנֵית. יָרְדָה כְדַרְכָּהּ וְהִזִּיקָה, מְשַׁלֶּמֶת מַה שֶּׁהִזִּיקָה. כֵּיצַד מְשַׁלֶּמֶת מַה שֶּׁהִזִּיקָה, שָׁמִין בֵּית סְאָה בְּאוֹתָה שָׂדֶה, כַּמָּה הָיְתָה יָפָה וְכַמָּה הִיא יָפָה. רַבִּי שִׁמְעוֹן אוֹמֵר, אָכְלָה פֵּרוֹת גְּמוּרִים מְשַׁלֶּמֶת פֵּרוֹת גְּמוּרִים. אִם סְאָה סְאָה, אִם סָאתַיִם סָאתָיִם:

If he left it in the sun or gave it to a deaf-mute, imbecile, or minor, and it went out and caused damage, he is liable. [("If he left it in the sun":) The sun distresses it, so that "proper closing," with a door that can withstand a normal wind is not sufficient.] If he gave it to a shepherd, the shepherd stands in his stead. [And we do not say in such a case that "A watchman who gives (his charge) to another watchman is liable." For it is customary for a senior watchman to give (his charge) to his junior, for which reason the latter is liable.] If it fell into a garden and derived benefit, it pays the (amount of the) benefit derived. [("If it fell into a garden":) As when it slipped and fell, but if it were pushed down (into the garden) by the other sheep, it pays what it damaged, the owner having been derelict in not having led them single file. ("the benefit derived":) what it benefited (by eating) and not what it damaged.] If it went down as was its wont and damaged, it pays what it damaged. How does it pay what it damaged? A beth sa'ah (fifty by fifty cubits) is assessed in that field — how much it was worth and how much it is worth. [The furrow is not assessed in itself. For the mazik would then lose, the furrow being assessed at its complete worth, (whereas Scripture states (Exodus 22:4): "And it eat in another's field," which is expounded: Damages are estimated on the basis of another field.) Rather, a beth sa'ah is assessed in that field — how much it was worth before this furrow was eaten and how much it is worth now, so that the mazik does not now pay the complete worth of the furrow. For one who buys a beth sa'ah with its produce pays only a trifle less if one furrow is missing.] R. Shimon says: If it ate finished fruit, it pays (the value of) finished fruit — if a sa'ah, a sa'ah; if two sa'ah, two sa'ah. [If it ate finished, completely ripened fruit, it pays the entire nezek. When do we assess it on the basis of the field? When the fruit is not yet finished. The halachah is in accordance with R. Shimon.]

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