Un lupo non è un'onessa (un "incidente" inevitabile) [e un osservatore assoldato e un noleggiatore ne sono responsabili, è scritto (Shemoth 22:12): "Per la bestia lacerata, non dovrà pagare" —C'è una bestia strappata per la quale paga, e una bestia strappata per la quale non paga.] R. Yehudah dice: In un branco di lupi, anche un lupo è un'onessa, [probabilmente attaccando un uomo.] Due cani non sono un'onessa. Yadua Habavli dice nel nome di R. Meir: Da un lato, non sono un'onessa; da due lati, sono un'onessa. [L'halacha non è né in accordo con R. Yehudah né con Yadua Habavli.] Un ladro armato è un'onessa. Un leone, un orso, una tigre, un leopardo e un serpente sono un'onessa. Quando è così? Quando vengono da se stessi; ma se loro (gli osservatori) vanno in un posto dove si trovano animali selvatici o ladri armati, non è un'onessa.
Bartenura on Mishnah Bava Metzia
זאב אחד אינו אונס – and a paid bailee and a renter are liable for it, as it is written (Exodus 22:12): “…he need not replace what has been torn by beasts.” There is something torn by beasts that he does pay, and there is something torn by beasts that he does not pay.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bava Metzia
In the previous mishnah we learned that one who hirers an animal or one who is being paid to watch it is not liable if it was injured, taken captive or died a natural death. In our mishnah we learn that the hirer or paid guardian are not liable in any case where something happened to the animal that was beyond his control. This is called “ones” in Hebrew, and it means an unavoidable accident. This mishnah deals with attacks by wild animals on a flock that are out of the hirer or paid guardian’s control to stop.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Metzia
כשעת משלחת זאבים – when an evil beast is sent away, it jumps upon another person. But the Halakha is not according to Rabbi Yehuda and is not known in the Babylonian Talmud.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bava Metzia
If one wolf [attacked the flock that he was watching] it does not count as an unavoidable accident [for which no blame is placed on the guardian]. Two wolves do count as an unavoidable accident. Rabbi Judah says: “In a time where wolves are commonly attacking the settlements, even one wolf is considered to be an unavoidable accident.” An attack made by one wolf is not considered to be an unavoidable accident for the shepherd should have been able to fend him off. A shepherd could not, however, fend off two wolves and therefore an attack made by two wolves is considered unavoidable. Rabbi Judah adds that if even one wolf attacked at a time when wolves were commonly attacking, the shepherd would not be able to fend it off and it would be therefore be considered an unavoidable accident.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Metzia
הלסטים – one robber – this is an unavoidable accident.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bava Metzia
Two dogs do not count as an unavoidable accident. Yadua the Babylonian said in the name of Rabbi Meir says: “If [two dogs came] from one direction they do not count as an unavoidable accident, but if [they came] from two directions they count as an unavoidable accident. Dogs are less dangerous than wolves and therefore even two dogs are not considered to be an unavoidable accident. Yadua (the name of a Sage) the Babylonian in the name of Rabbi Meir qualifies this law to a situation where both dogs attacked from the same direction. If they attacked from different directions it is considered to be an unavoidable accident.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bava Metzia
A bandit counts as an unavoidable accident. An attack by bandits is considered to be an unavoidable accident. When the previous mishnah stated that a hirer and an unpaid guardian are liable if the object was stolen the meaning is that they are liable if it was stolen by thievery. If the animal was stolen by an armed robber that is similar to the case where it was taken captive and they are not liable.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bava Metzia
A lion or a bear or a leopard or a panther or a serpent counts as an unavoidable accident. An attack by any of the predatory wild animals listed here is considered to constitute an unavoidable accident.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bava Metzia
When [is this so]? When they come of themselves. But if he took the flock to a place of wild animals or bandits they do not count as an unavoidable accident. The mishnah clarifies that an unavoidable accident is only when the animal or bandit attacked the flock when the flock was grazing in a safe area. If, however, the paid guardian or hirer took the flock to an area known to be unsafe and then the flock was attacked, they are liable. Since they were the ones who brought the animal to danger, they are liable.
