MISHNAH:

<<One who brings

<<sheep

<<into the pen,

<<and locked

<<before them

<<properly,

<<and they went out

<<and caused damage —

<<he is exempt.

<<If he did not

<<lock

<<before them

<<properly,

<<and they went out

<<and caused damage —

<<he is liable.

If it was breached

<<at night,

<<or

<<that breached it

<<bandits,

<<and they went out

<<and caused damage —

<<he is exempt.

<<If took them out

<<bandits —

<<the bandits

<<are liable.

If he left them

<<in the sun,

<<or

<<handed them over

<<to a deaf-mute,

<<an imbecile,

<<or a minor,

<<and they went out

<<and caused damage —

<<he is liable.

If he handed them over

<<to a shepherd,

<<enters

<<the shepherd

<<in his place.

If it fell

<<into a garden

<<and benefited,

<<it pays

<<what

<<it benefited.

<<If it went down

<<in its usual way

<<and caused damage,

<<it pays

<<what

<<it damaged.

<<How

<<does it pay

<<what

<<it damaged?

<<They assess

<<a beis se'ah

<<in that

<<field:

<<how much

<<it was

<<worth,

<<and how much

<<it is

<<worth.

Rabbi Shimon

<<says:

<<if it ate

<<produce

<<that is ripe,

<<it pays

<<produce

<<that is ripe:

<<if

<<a se'ah,

<<a se'ah;

<<if

<<two se'ahs,

<<two se'ahs.

GEMARA:

<<The Rabbis taught:

<<which is

<<“properly”,

<<and which is

<<“not

<<properly”?

<<A door

<<that is able

<<to stand

<<in a wind

<<that is usual —

<<this is

<<properly;

<<that is not

<<able

<<to stand

<<in a wind

<<that is usual —

<<this is

<<not

<<properly.

Rabbi Mani bar Patish said:

<<which

<<Tanna holds

<<that a mu'ad

<<suffices

<<for it

<<with guarding

<<that is lesser?

<<Rabbi Yehuda

<<it is,

<<for we learned:

<<if tied it

<<its owner

<<with reins,

<<or locked

<<before it

<<properly,

<<and it went out

<<and caused damage —

<<whether

<<tam

<<or

<<mu'ad,

<<he is liable;

<<the words of

<<Rabbi Meir.

Rabbi Yehuda

<<says:

<<a tam —

<<he is liable;

<<a mu'ad —

<<he is exempt;

<<for it is said:

<<“and does not

<<guard it

<<its owner” —

<<and guarded

<<is

<<this one.

<<Rabbi Eliezer

<<says:

<<there is no

<<for it

<<guarding

<<except

<<the knife.

Even

<<say

<<Rabbi Meir:

<<different are

<<tooth

<<and foot,

<<for the Torah

<<reduced

<<their guarding.

<<For Rabbi Elazar said,

<<and some say

<<it

<<in a baraisa

<<it was taught:

<<four

<<things

<<the Torah

<<reduced

<<their guarding,

<<and these

<<are:

<<a pit,

<<fire,

<<tooth,

<<and foot.

A pit —

<<as it is written:

<<“If

<<opens

<<a man

<<a pit

<<or

<<if

<<digs

<<a man

<<a pit,

<<and does not

<<cover it” —

<<but

<<if he covered it —

<<he is exempt.

Fire —

<<as it is written:

<<“Shall pay,

<<shall pay

<<the one who kindled

<<the fire” —

<<only when

<<he does

<<something like

<<kindling.

Tooth —

<<as it is written:

<<“and it consumes

<<in the field of

<<another” —

<<only when

<<it does

<<something like

<<“and it consumes”.

Foot —

<<as it is written:

<<“and he lets loose” —

<<only when

<<it does

<<something like

<<“and he lets loose”.

And it was taught:

<<“and he lets loose” —

<<this is

<<the foot;

<<and so

<<it

<<says:

<<“Who let loose

<<the foot of

<<the ox

<<and the donkey”.

<<“And it consumes” —

<<this is

<<the tooth;

<<and so

<<it

<<says:

<<“As

<<consumes

<<the dung

<<until

<<it is gone”.

The reason is

<<that it does

<<something like

<<“and he lets loose”

<<and “and it consumes”;

<<but

<<if it does not

<<do so —

<<not.

Rabbah said:

<<our Mishnah

<<too

<<is precise,

<<for it teaches

<<“sheep”.

<<Now,

<<with an ox

<<we are dealing

<<and coming,

<<let it teach

<<“an ox”!

<<What is different

<<that it teaches

<<“sheep”?

<<Is it not

<<because

<<the Torah

<<reduced

<<their guarding?

No:

<<it is because

<<here,

<<horn —

<<is not

<<written

<<of it;

<<tooth

<<and foot

<<it is

<<that is written

<<of it;

<<and it teaches us

<<that tooth

<<and foot

<<are mu'ad.

<<Learn from it.

It was taught:

<<Rabbi Yehoshua said:

<<four

<<things —

<<one who does

<<them

<<is exempt

<<by the laws of

<<man,

<<and liable

<<by the laws of

<<Heaven.

<<And these

<<are:

<<one who breaches

<<a fence

<<before

<<the animal of

<<his fellow;

<<and one who bends

<<the standing grain

<<of

<<his fellow

<<before

<<a fire;

<<and one who hires

<<witnesses of

<<falsehood

<<to testify;

<<and one who knows

<<testimony

<<for his fellow

<<and does not

<<testify

<<for him.

Said

<<the master:

<<one who breaches

<<a fence

<<before

<<the animal of

<<his fellow.

<<What is the case?

<<If we say

<<with a wall

<<that is sound,

<<by the laws of

<<man

<<too

<<let him be liable!

<<Rather,