Translation:Shulchan Aruch/Choshen Mishpat/398

From Wikisource
Jump to navigation Jump to search

Paragraph 1- If one brought his ox to another’s courtyard without permission, and the courtyard-owner’s ox gored his ox, he would be exempt. Similarly, if the courtyard-owner damaged the ox he would be exempt because he can say that because the other entered without his knowledge, he was unaware the ox was there before the accident occurred. If he damaged intentionally, however, he would be required to pay for the full damage because although he has permission to evict the intruder from his domain, he does not have permission to damage him.

Paragraph 2- If the ox that entered damaged the owner of the courtyard or his ox, the law is the same as a case where it damaged in the public domain, and for an unwarned-ox he would pay for the half the damage and he would pay full damage for a warned-ox.

Paragraph 3- If the animal damaged the courtyard, such as by digging pits, ditches or caves, the owner of the courtyard will be liable for the damage to the courtyard and the owner of the courtyard will be liable for the damage to the pit because he should have sealed it up.

Paragraph 4- If the ox fell into a pit in the courtyard and contaminated its water, and the contamination occurred while it was falling, the owner of the ox would liable for the damage to the water. If it contaminated the water after it fell, the owner would be exempt just like any other obstacle that is considered a pit, and the water is considered a vessel, and one is exempt for damage from a pit to vessels.

Paragraph 5- If he brought the ox in with permission from the owner of the courtyard, the owner of the ox would be exempt. If the courtyard-owner’s ox damaged the ox that entered with permission, the owner would be exempt unless he accepted to watch the ox. There are those who say that since he gave permission for the owner of the ox to enter, it is as if he accepted to watch it. This is only true with respect to the damages that come from the owner of the courtyard. With respect to damages that comes from elsewhere, however, the owner would not be liable unless he accepted to watch the ox.