Translation:Shulchan Aruch/Choshen Mishpat/1

Paragraph 1

At this time, the judges judge judgments of guidance, loans, marriage-contracts of women, inheritances, gifts, and [someone] damaging the property of his friend, which are common matters, and they involve the loss of money. However, matters which aren't common, even though they involve the loss of money — for example, an animal who damaged his friend — or matters which don't involve loss of money, even though they are common — for example, double-payments — and similarly, all the fines which the Sages penalized [vs. compensations; for example, the owner of an ox who gores is subject to a fine but not compensation, because the goring is uncommon, as it was decided in the Gemara, and therefore is exempt nowadays, while oxes eating another person's food are a compensation and not a fine and therefore the owner is not exempt from payment nowadays. Ed.] like someone who blares at his friend (Explanation: That he blares [a horn] loudly in his ears and ? him) and knocks at his friend (Explanation: He hits with his hand on the cheek); and similarly, whoever [is required to] pay more than what he damaged or [is required to pay only] half-damage, we don't judge him, except for experts ordained in the land of Israel, except for half-damage pebbles, [which we do judge] because it is compensation and not a fine. [See Bava Kama 3b in Rashi d"h bachetzi nezek tzrorot. Ed.]

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A person who damaged his friend, the judges who weren't ordained in the land of Israel don't raise as funds the damage, pain, shame and ransom, but they do raise as funds the idleness and healing. [See Bava Kama 89a, I think. Ed.] Note: And there are those who say that they don't even judge idleness and healing (Tur in the name of the Rosh), and I haven't seen the practice to be exact about this, but they just reprimand the damager to appease the damagee and penalize him according to [what the proper penalty] appears to them (Darkei Moshe according to the opinion of the Maharam in his rulings, section 208), and as will be explained nearby in paragraph 5.

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An animal who damaged a person, judges who weren't ordained in the land of Israel don't raise the funds, because it is a matter that isn't common; but a person who damaged the animal of his friend, he pays full damage in every place. And similarly, an animal who damaged in [the categories of] the tooth and the leg [see Bava Kama 2b-3b, for example. Ed.] ? and it is "warned" (for them) from the beginning [see Bava Kama 5b, I think, and I think also the first Tosefta of Bava Kama. Ed.] — behold, this is a common matter, and judges who weren't ordained in the land of Israel can raise [money from the damager]. And similarly, someone who stole or robbed, they raise from him only the principle [vs. the double payment. Ed.]. Note: And there are those who say, specifically the robbery where it is true is, for example, where he denied having held something in trust, and what is similar, but this doesn't apply to actual robbery, and we don't judge it. But if the robbery existed, they are obligated to return it (Nimukei Yosef, Perek "HaChovel").

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Laws of direct consequences, and similarly the law of someone who defers to ?, are judged by judges who weren't ordained in the land of Israel. Note: Witnesses who testified a false testimony and became zomemim [See Makot 5a. Ed.] and took out money [from the victim] by their testimony and us impossible to ?, we judge them and require them to pay (Mordechai at the beginning of Perek "HaChovel"), and see later in section 29 paragraph 2.

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Even though judges who weren't ordained in the land of Israel don't raise [money for] fines, they ostracize him until he apologizes to the [other] party to the case and gives him the amount that is appropriate for him, they permit him [to be a full-fledged member of the community] (whether [the damagee] was appeased or not appeased). And similarly, if the damagee forcibly takes the amount that is appopriate to be allotted to him, [the beit din] doesn't take from [the damager's] possessions. Note: If the damagee says, "Measure for me my damages so that I know after [how much money he gives me] I will be appeased," we don't listen to him; unless he already forcibly took, when we do measure for him and say to him, "This much you can keep and this much you must return" (Tur in the name of the Rosh, Perek "HaChovel," and the end of the first perek of Bava Kama). And all this is specifically with written fines, but fines that sages [of the time] come to impose from themselves of their own decree, they nevertheless raise, as will be explained in section 2 (Mordechai in the end of Perek "HaSholeach").

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Someone who embarrasses with words, they punish him until he appeases [the victim] appropriately, proportionate to [the victim's] honor. Note: And see later, section 420, paragraph 38; and see later in section 2 if he is obligated for lashes, and if he can redeem himself with money.