Synopsis of Subjects
MISHNA I. There are four principal cases of tort, etc. One thing
is common to all. They are all likely to do damage and must be guarded
against. The case of doing damage by digging up gravel. The different
explanations of the word "mabeh" by Rabh and Samuel (foot-note). There
are thirteen principal tort-feasors. The depository, 2 etc. There are twenty-four principal tort-feasors. What are the derivatives
of all those principals? Why are the four principals, ox, excavation,
mabeh, and fire, enumerated separately in the Scripture? From what and
what kind of property must damage be collected? When the standard is
taken, is it taken of one's own lands or of those of the public in general?
In order not to close the door to borrowers, the sages have enacted
that creditors should be paid out of the medium estates. If one conveys
his estates to one or several persons, from whom and from what estates
shall the creditors collect the money due them? In case one does a meritorious
thing he shall do it up to one-third,
MISHNAS II. TO V. In all that I am charged with taking
care of I have prepared the damage. There is a more rigorous rule in
case of the ox than in the cases of the pit and the fire, and vice
versa. How so? If one left his ox in charge of five persons, and
one of them left intentionally and the ox caused damage, what is the
law? No appraisement is made for a thief or robber. If one hypothecates
his slave or his ox and thereafter sells him. There is a difference
between movable and immovable real estate. Slaves are considered movable
real estate. During the killing, the bringing of the suit, and the making
of the award there shall be one and the same owner. There are five cases
which are considered non-vicious and five
which are considered vicious. The tooth is considered vicious to consume,
etc. What is a Bardalis? What is meant by "best estates"? The meaning
of the verse Is. xxxii. 20,
CHAPTER II.
MISHNAS I TO III. What tendency makes the foot to be considered
vicious? Cocks that were flying from one place to another, and broke
vessels with their wings. Cocks that were hopping on dough or on fruit,
and made the same dirty, or that were flying and the wind produced by
their wings damaged vessels, or that were pecking at a rope from which
a water-pail was suspended, and, severing the rope, broke the water-pail--what
is the law? The distinction between primary and secondary force. A dog
that snatched and carried off a cake from the burning coals, and with
the burning coal that stuck in the cake set fire to the barn, etc. There
can be viciousness in case of "gravel in the usual way." If an animal
was walking in a place where it was impossible not to kick up gravel,
and she kicked, and by so doing kicked up gravel and caused damage;
or if an animal caused damage by shaking the tail--what is the law?
What tendency makes the tooth to be considered vicious? It happened
that an ass consumed a loaf of bread contained in a basket and chewed
up the basket, etc. If an animal was standing on private ground and
an article was rolling toward the private ground, etc. About one who
takes up his dwelling in the court of his neighbor without the latter's
knowledge. One who rents a house from Reuben must pay the rent to Simeon,
etc. If one uses an unoccupied house of another for storing wood and
straw, etc., what is the law? A certain person erected a palace on the
ruins belonging to orphans, etc. A dog or a goat that jumps down from
the top of a roof and breaks vessels liable for the whole damage. If,
however, they fall down, there is no liability. Is one's fire considered
one's arrow or one's property? There is no liability for damages done
by fire to concealed articles. How can such a case be found in the biblical
law? The mouth of an animal (consuming something on the premises of
the plaintiff), is it considered as if yet in the court of the plaintiff?
There were certain goats belonging to the family of Tarbu that were
doing damage to the property of R. Joseph,
MISHNAS IV. TO VI. What ox is considered non-vicious
and what vicious? One that has been warned for three days. The three
days in question, are they such as to make the ox vicious, or do they
also involve the owner? For one who sets his neighbor's dog on a third
person, what is the law? An ox that gored, pushed, bit, lay down on,
or kicked while on public ground pays half. The a fortiori argument
regarding the half-payment of the horn. An ox that steps with his foot
on a child lying on the premises of the plaintiff, what is the law in
regard to the payment of atonement money? A human being is considered
always vicious. One who carries a stone in his lap without being aware
of it, and while getting up from his seat drops it, as regards damages
he is liable. One who drops a vessel from the top of a roof upon the
ground which has been covered with pillows,
and if another person remove them before the dropping of the vessel,
etc., what is the law? Is a slave considered one's body, and an ox one's
property?
CHAPTER III.
MISHNAS I. TO V. If one place a jug on public ground and another
person stumble over it and break it, what is the law? One who kicks
another with his knee is fined three selas; with the foot, five; with
the fist, thirteen; what is the fine if one strike his neighbor with
the handle or the iron of the hoe? A jug that broke on public ground
and its contents caused a person to slip and fall, or one to be injured
by its fragments, what is the law? About one who renounces ownership
to his articles that cause damage. One who empties water into public
ground, or one who builds his fence of thorns; or a fence that falls
into public ground, and some persons were injured thereby, he is liable.
The former pious men used to bury their thorns and broken glass in their
fields three spans below the surface. All those who obstruct a public
thoroughfare by placing chattels therein and cause damage are liable.
If one carrying a barrel followed one carrying a beam, and the barrel
was broken by the beam, what is the law? Potters and glaziers that walked
one following the other, and one stumbled and fell, etc. If they all
fell because of the first one, the first is liable for the damage of
all of them,
MISHNAS VI. TO XIII. Two that walked on public ground, one running and the other one walking, etc., what is the law? One who chopped wood on public ground and caused damage on private ground, etc. One who enters a carpenter's shop without permission, and was struck on his face by a flying splinter. About employees who came to demand their wages from their employer and were gored by his ox or bitten by his dog. About two non-vicious oxen that wounded each other.
The difference in the explanation of the verse Exod. xxi. 35. About a non-vicious
ox that has done damage and was sold, consecrated, slaughtered, or presented
to somebody. About an ox of the value of two hundred selas that gored
another ox of equal value and the carcass was of no value what ever.
There are cases when one is liable for the acts of his ox and is free
if they are his own acts, and vice versa. How so? The rule is
that the burden of proof is upon the plaintiff. If one claims that he
is positive, while the other one is not positive, what is the law?
CHAPTER IV.
MISHNAS I. TO IV. An ox that gores four or five oxen
one after another, the last of them must be paid from the body of the
goring ox, if he was yet considered non-vicious. About an ox that is
vicious towards his own species, but not towards other species, or towards
human beings, etc. There is a case where an ox became vicious -in alternate
order." About an ox belonging to
an Israelite that gored an ox belonging to the sanctuary (see footnote).
An ox of a sound person that gored an ox belonging to a deaf-mute, idiot,
or minor, there is a liability. If the reverse was the case there is
none. There is a difference of opinion of the Tanaim as to whether a
guardian is appointed in order to collect from the body of the ox. Guardians
pay from the best estates, but do not pay the atonement money. About
one who borrows an ox with the understanding that he was non-vicious
and it was found out that he was vicious,
MISHNAS V. TO IX. An ox that killed a man by goring him, if he
was a vicious one, the atonement money is to be paid, but not when he
was a non-vicious one. How can there be found a vicious ox in regard
to man? If one confers, saying, "My ox has killed a certain person,"
or "his ox," he has to pay on his own testimony. If one's fire has done
damage without intention, is there a liability or not? About an ox that
was rubbing against a wall, whereby the wall fell upon a human being
and killed him. About an ox belonging to a woman, to orphans, or their
guardian, etc., that killed a man. About an ox that was sentenced to
be put to death and his owner consecrated him. About an ox delivered
to a gratuitous bailee or a borrower, etc. About an ox which was properly
locked up, but yet broke out and did damage. Whence is it deduced that
one must not raise a noxious dog in his house, nor maintain a defective
ladder?
CHAPTER V.
MISHNAS I. TO VI. About an ox that gored a cow and the new-born
calf was found dead at her side. The cow and her offspring are not separately
appraised. A potter that placed his pottery in the court of another,
or one who led his ox into the court of another without permission,
what is the law? When he assured the safety of the ox, did it only extend
to himself or also to all cattle? About a woman that entered a house
to bake, and the house-owner's goat, having consumed the dough, became
feverish and died. About one who enters a court without permission and
injures the court. owner, or the latter is injured through him. About
one who said: "Lead in your ox and take care of him," and he did damage
or was injured. About an ox which intended to gore another ox, and injured
a woman and caused her to miscarry. To whom must the compensation for
the miscarriage be paid, to the woman or to her husband? Does the increase
in the valuation also belong to the husband? About an Israelite's pledge
which is in the hands of a proselyte, and the latter dies without heirs.
About one who digs a pit on private ground and opens it into public
ground, or vice versa. One who digs and opens a well and delivers
it over to the community is free. About one who digs a pit on public
ground and an ox or an ass falls into it. Are the vapors therein contained,
or is the shock received by the animal, the cause of death when falling
into a pit?
MISHNAS VII. TO IX. When a pit belongs to two partners,
and one of them passes by and does not cover it, and so also does the
second, the latter only is liable. About a pit which was ten spans deep
and which was completed by another
one to be twenty, and still by another one to be thirty spans deep.
Each span of water equals two of dry ground. If one dig a pit ten spans
deep and another widen it toward one direction only, what is the law?
One who sells his house, the title passes with the delivery of the keys.
If he sells a flock of cattle, title passes with the delivery of the
Mashkhukhith (the forerunning goat kept at the head of the flock as
a leader). If he covered the pit sufficiently to withstand oxen but
not camels, and .camels came along and made the cover shaky and then
oxen fell therein, what is the law? What about the germon of
damage? About one who places a stone on the edge of the opening of a
pit, and an ox stumbles over the stone and falls into the pit. About
an ox and a man who together push some other into a pit. There is no
difference between an ox and another animal as regards falling into
a pit, to have been kept distant from Mount Sinai, payment of double,
restitution of lost property, unloading, muzzling, Kilayim, and Sabbath.
Nor is there any difference between the above-mentioned and a beast
or bird. Why in the first commandments is it not written "that it maybe
well with thee," while in the second commandments it is?
CHAPTER VI.
MISHNAS I. TO III. If one drive his sheep into a sheep-cot and
properly bolt the gate, but still they manage to come out and do damage,
he is free. There are four things for which one who does them cannot
be held responsible before an earthly tribunal, although he will be
punished for them by the Divine court. Is armed robbery, when not committed
publicly, still considered theft as regards the payment of double? For
frightening away a lion from one's neighbor's field the law awards no
compensation. How does it pay what it damaged? About one who came before
the Exilarch and complained of another who destroyed one of his trees.
One who destroys a young date-tree, what amount of damage must he pay?
There was a case, and Rabh acted in accordance with R. Meir; but in
his lectures, however, he declared that the Halakha prevails in accordance
with R. Simeon b. Gamaliel (see foot-note). About one who puts up a
stack of grain on another's land without permission. One who started
a fire through the medium of a deaf-mute, etc.,
MISHNAS IV. TO VIII. The law about one who starts a fire and
it consumes wood, stones, or earth. No chastisements come upon the world
unless there are wicked ones in existence. When pestilence is raging
in town, stay indoors, etc. Why does the verse begin with the damage
by one's property and end with damage done by one's person? About a
fire that passed over a fence four ells high. If one starts a fire on
his own premises, how far must it pass to make the starter liable? About
one who causes his neighbor's stack of grain to burn down, and there
are vessels therein which also are burned. If one allowed another to
place a stack of wheat and he covered it with barley, or vice versa,
what is the law? Is it customary with people to keep pearls in a money-pouch?
The law about a spark that escapes from under a blacksmith's hammer
and does damage,
CHAPTER VII.
MISHNA I. The payment of double is more rigorous than the payment of
four and five fold. The law about one who stole a lamb, and while in
his possession it grew into a ram, etc. That a change acquires title
is both written and taught. Why did the Scripture say that if he slaughtered
and sold it he must pay four and five fold? A stolen thing, which the
owners have not resigned hope to regain, cannot be consecrated, etc.
The pious man used to place money in the vineyard on a Sabbatical year,
declaring: "All that is plucked and gathered of this fruit shall be
redeemed by this money." A writ of replevin which does not contain the
following directions "Investigate, take possession, and retain it for
yourself," is invalid,
MISHNAS II. TO VI. About two witnesses who testify that the one
stole an ox or a sheep, and either the same or other witnesses testify
that he slaughtered or sold the same. If he stole from his father. From
what time on is a collusive witness disqualified to give testimony?
If two witnesses testify that a certain person blinded his slave's eye,
and thereafter knocked out one of his teeth, and they also testify that
the owner of the slave admitted it, and subsequently the witnesses are
found collusive, what must the collusive witnesses pay? If two witnesses
testify that he stole it, and one witness, or he himself, testified
that he slaughtered or sold it, he pays only two, but not four and five
fold. One who admits that he has incurred the liability of a fine, and
thereafter witnesses appear, what is the law? About a confession which
is made after the appearance of witnesses, and the different opinions
in regard to it. If the thief sells all but one hundredth part of it
or he is a co-owner of it, what is the law? One who steals an animal
which is lame or blind, or which belongs to a copartnership is liable,
but partners that steal together are free. About one who steals an animal
within the premises of the owner and slaughters or sells it outside
of it, or vice versa. Why did the Scripture treat more rigorously
with the thief than with the robber? Ponder over the greatness of labor,
etc.,
MISHNA VII. No tender cattle must be raised in Palestine but in its
forests. A shepherd (who raises tender cattle) that repented, we do
not compel him to sell out all his cattle at once. No tender beasts
shall be raised in Palestine, except dogs, cats, and monkeys. R. A'ha
b. Papa said in the name of R. Hanina b. Papa three things. Upon ten
conditions did Joshua divide the land among the settlers. The ten enactments
of Ezra. No swine is permitted to be raised at anyplace. Rabbi, the
Prince of Pales tine, objected to the use of the Syriac language, and
insisted that only the Holy and the Greek languages should be used in
Palestine. R. Jose objected to the use of the Aramean language in Babylon,
and insisted that the Holy and the Persian languages should be used.
No dogs shall be kept unless on a chain. In the towns adjoining the
frontier they must be kept on a chain only in the day time,
CHAPTER VIII.
MISHNAS I. AND II. The four items of damage: pain, healing,
loss of time, and disgrace. How so? It happened that an ox lacerated
the arm of a child, and the case
came before Rabha, etc. When the damage is paid for, how should the
pain be appraised separately? Healing. If pus collected by reason of
the wound, and the wound broke out again, etc. The sages say that healing
and loss of time go together. If the defendant should say, "I will cure
you myself, the plaintiff may object," etc. Shall we assume that the
appraisement for the deafness is sufficient, or each of the injuries
must be appraised separately? (See foot-note.) If one strikes another
and makes him temporarily unfit to labor, what is the law? Disgrace--all
those who sustain injury are looked upon as if they were independent
men, etc. One who causes disgrace to a nude, blind, or sleeping person
is liable. If one causes shame to a sleeping person who subsequently
dies while asleep, what is the law? Is the reason because of the hurting
of his own feelings, or because of the feelings of his family? Is a
blind person required to per form all the commandments? and what R.
Joseph, who was blind, said of that,
MISHNAS III. TO V. The law is more rigorous
in regard to a man than in regard to an ox, etc. One who assaults his
father or mother, but does not bruise them, and one who wounds another
on the Day of Atonement, are liable to pay all the items of damage.
To whom belongs the compensation received by one's minor daughter for
a wound? About an investment for a minor and the nature thereof, Is
a slave considered a "brother"? The Halakha prevails that the benefit
in case of a woman who sells her right in the marriage contract belongs
to herself; and if she bought estates therewith, her husband has nothing
even in their income. If one blow into the ear of another, he pays one
sela for the disgrace he caused him. What if one strikes another with
the palm or with the back of his hand on the cheek? This is the rule:
Rank and station of the parties are taken into consideration. May a
witness be a judge in the same case? A non-vicious ox that killed a
man and also caused damage to another, must his owner pay for the damage,
besides the payment of the atonement money? All that was said concerning
disgrace is only for the civil court, as to how much the plaintiff should
receive, but there can be no satisfaction for the injury to the feelings,
for which, if he would even offer all the best rams of the world, they
would not atone, unless he prays the plaintiff for forgiveness. The
origin of a series of sayings by the rabbis as well as by ordinary people.
If one says to another, "Break my pitcher," etc. A money-pouch containing
charity funds was sent to Pumbeditha, and R. Joseph deposited it with
a certain man who did not take good care of it and it was stolen from
him, and R. Joseph held him responsible. What Abayi said to him about
it,
CHAPTER IX.
MISHNAS I. TO III. If a change on the face of an article gives
title to the possessor and if it is biblically? Would all the above-mentioned
Tanaim trouble themselves to teach us a Halakha of the Beth Shammai?
Robbers and usurers, if they make a restitution of their own accord,
it should not be accepted, etc. There are three cases in which the increase
is appraised and the payment is with money. I and the King Sabura are
brothers in regard to court cases. (See foot-note.) Did not I tell you,
You shall not change names? R. Joseph bar Hama used to compel slaves
of his debtors to labor for him, etc. What were the coins of Jerusalem
and what were the coins of Abraham the patriarch? Labor which cannot
be recognized on the body of the animal as damaging, the civil court
cannot make him liable for. Is a germon considered a direct pecuniary
loss? May the court decide a case of a goring ox in its absence? If
a specialist took a thing to repair it and he spoiled it. A builder
who undertook to take apart a wall, and he broke the stones or bricks,
A butcher specialist, if he has spoiled the meat he is a tort-feasor,
and is also considered wilful, etc. Why so many reasons?" I think your
brain is not in regular order." "Rabh did two good things regarding
you. He prevented you from using a doubtful thing, and also restrained
you from possible robbery." There was a woman who showed a coin to R.
Hyya, etc. Resh Lakish showed a dinar to R. Elazar, and he told him
it was a good one. He said then: "See, I rely upon you," etc.,
MISHNAS IV. TO VII. If one gave wool to the dyer, and
it was spoiled. To be dyed red, and it is dyed black, or conversely.
To make a chair of it, and he has made a bench. Is the color of the
dyes to be considered as existing upon the wool or not? In one tract
is the order of the Mishna not to be taken in consideration, but in
two different tracts it must be considered? The whole of Section Damages
is considered as one tract. If one has given money to his messenger
to buy wheat, and he buys barley. If one buys a field in the name of
his neighbor. Kahana paid money for flax. In the mean time the flax became dearer and the seller sold it (for Kahana's benefit).
One who has stolen the value of a coin swears falsely and afterwards
confesses. The same is the case in a deposit. If one has robbed one
of five persons, and he does not know which of them. It happened with
one pious man who bought of one of two persons, and he did not know
from which of them. A messenger must not be made in his absence. It
happened with R. Abba, who was the creditor of R. Joseph bar Hama, and
the former asked R. Safra to bring, etc. "My master, do you mean to
deduce from this Scripture that it must be paid, or you say is it common?"
If one has robbed two bunches of the value of a parutha and had returned
one of them, how is the law? He who denies a deposit is considered as
a robber. As soon as the owner has taken an oath, he has not to pay.
One who claims "stolen" on a deposit, or of a lost article he has found,
must pay double, etc. The three oaths--first, that I have done all my
duty in taking care of it; second, that I did not make use of it; and
third, that it is not under my control. If a gratuitous bailee swore
it was stolen, and, nevertheless, he paid: and then the thief was found.
Where is my bailment? Lost! Do you swear by God? Amen. Witnesses testified
that he himself had stolen it. If one robbed his father and swore falsely,
and after his death he confessed. "I swear you shall have not any benefit
from my estate." If one robbed a proselyte and swore, and afterwards
the proselyte died. The priests who receive the robbery of the proselyte,
are they considered heirs, or only receivers of a donation?
CHAPTER X.
MISHNAS I. TO VI. If one left money made by usury for his heirs,
although they know of it, they are not obliged to return it. The brother-in
law of R. Jeremiah, who was a minor, shut the door in his face, etc.
The testimony of witnesses can be taken even in the absence of the parties.
May a document be approved even not in the presence of the party, or
it must not? It is an obligation on the court to give notice to the
defendant that his property will be sold. A messenger of the court should
be trusted as two witnesses, etc. One must not be summoned by the court
on the eve of a Sabbath. Money must not be changed from the treasury
of duties, etc. Why contractors of duty are counted among murderers.
R. Ashi happened to be on the road, and saw a vineyard in which some
grapes were ripe, etc. A contractor of the government has the right
to pledge a fellow-citizen for the duty of another citizen of the same
city, etc. If the contractors returned him instead of his ass another
one, etc. If one saved an estate from the stream or from robbers, etc.
Are a woman and a minor qualified to be witnesses? A child was telling:
It happened that my mother and I were prisoners among the heathens,
and I did not turn away my eyes from my mother, etc.,
MISHNAS IV. TO VI. If one recognizes his utensils or
books by another. If a thief has sold out his stolen articles, and later
it was recognized that he is the thief. If the thief was a notorious
one. If one destroys his own goods for the sake of saving the goods
of his neighbors. The redemption money of a caravan in a desert is to
be charged proportionately to the amount each of them possesses, etc. If a robbed field was taken away by land
robbers. There was a man who showed to the contractor a heap of wheat
belonging to the Exilarch. There was a man by whom a silver goblet was
deposited, he presented it when he was attacked by robbers,
MISHNAS VII. TO XII. If a stream has overflowed the robbed field.
If one says, I have robbed you, and I don't know if I have returned
it to you. One must not buy from the shepherds kids of goats, etc. And
not fruits from the watchman. One who robs his neighbor, even the value
of a parutha, is considered as if he would take away his life. One shall
not buy from the carder flocks, because they are not his property. What
about the splinters which fall out by the carpenter
Sources: Biblical
Texts |