Mishnah
Mishnah

Related%20passage for Bava Kamma 1:4

חֲמִשָּׁה תַמִּין וַחֲמִשָּׁה מוּעָדִין, הַבְּהֵמָה אֵינָהּ מוּעֶדֶת לֹא לִגַּח וְלֹא לִגֹּף וְלֹא לִשֹּׁךְ וְלֹא לִרְבֹּץ וְלֹא לִבְעֹט. הַשֵּׁן מוּעֶדֶת לֶאֱכֹל אֶת הָרָאוּי לָהּ, הָרֶגֶל מוּעֶדֶת לְשַׁבֵּר בְּדֶרֶךְ הִלּוּכָהּ, וְשׁוֹר הַמּוּעָד, וְשׁוֹר הַמַּזִּיק בִּרְשׁוּת הַנִּזָּק, וְהָאָדָם. הַזְּאֵב וְהָאֲרִי וְהַדֹּב וְהַנָּמֵר וְהַבַּרְדְּלָס וְהַנָּחָשׁ, הֲרֵי אֵלּוּ מוּעָדִין. רַבִּי אֱלִיעֶזֶר אוֹמֵר, בִּזְמַן שֶׁהֵן בְּנֵי תַרְבּוּת, אֵינָן מוּעָדִין. וְהַנָּחָשׁ מוּעָד לְעוֹלָם. מַה בֵּין תָּם לְמוּעָד. אֶלָּא שֶׁהַתָּם מְשַׁלֵּם חֲצִי נֶזֶק מִגּוּפוֹ, וּמוּעָד מְשַׁלֵּם נֶזֶק שָׁלֵם מִן הָעֲלִיָּה:

There are five tamin, [which are not accustomed to cause damage; and if they damage, they pay a half-nezek.], and five muadin, [which are accustomed to cause damage, and which pay a full nezek.] A beast is not accustomed to butt [with the horn] or to push [with its whole body], or to bite, or to lie down, or to kick. [All of these are a toldah of keren and pay a half-nezek; thus, "five tamin."] The tooth is accustomed to eat what is fit for it. The foot is accustomed to break as it walks. And an ox which is accustomed [three times, to butt, or gore, or lie down, or kick or bite — these are five muadin to pay a full nezek; but in respect to (the enumeration of) "muadin," they are reckoned as one.], and an ox that damages in the domain of the nizak. [Even keren tam is considered a muad (in a private domain) to pay a full nezek. Our Mishnah is in accordance with the view that keren is "different" in the domain of the nizak, paying a full nezek, even if it is a tam. This is not the halachah.], and a man, [too, is a muad from the beginning, and pays a full nezek if he damages.] A wolf, and a lion, and a bear, and a tiger, and a leopard, and a snake — these are muadin [from the beginning. The reason that they are not included with the "five muadin" above, to make eleven muadin, is that they are not found within the settlement.] R. Eliezer says: When they are domesticated, they are not muadin, and a snake is always a muad. [The halachah is not in accordance with R. Eliezer.] What is the difference between a tam and a muad? A tam pays a half-nezek from its body, and a muad pays a full nezek from the best [of his property, even if the goring ox is not worth the amount of the damage. For in respect to a muad it is written (Exodus 21:36): "He shall pay an ox for an ox," and it is not written that payment is to be made from the body of the goring ox.]

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