Rabbinic JudaismMishnah Bava Kamma 5HOLYMAP · SACRED TEXTS
The MishnahMishnah Bava Kamma 5

The Mishnah

Mishnah Bava Kamma 5

1
English · Joshua Kulp

If an ox gored a cow [and it died] and its newly born young was found [dead] at its side, and it is not known if the cow gave birth before the ox gored, or if after the ox gored the cow gave birth, the owner of the ox pays half damages for the cow and one quarter damages for the newborn. And also if a cow gored an ox and its newly born young was found at its side, and it is not known if the cow gave birth before she gored, or if after she gored before she gave birth, the owner pays half damages from the value of the cow and one quarter damages from value the newborn.

2
English · Joshua Kulp

If a potter brought his pots into the courtyard of a householder without permission, and the householder’s cattle broke them, the householder is not liable. And if the cattle were injured by them (by the pots) the owner of the pots is liable. But if he brought them in by permission the owner of the courtyard is liable. If a man brought his produce into the courtyard of a householder without permission, and the householder’s cattle ate it, the householder is not liable. And if the cattle were injured by it (by the produce) the owner of the produce is liable. But if he brought it in by permission the owner of the courtyard is liable.

3
English · Joshua Kulp

If a man brought his ox into the courtyard of a householder without permission and the householder’s ox gored it or the householder’s dog bit it, the householder is not liable. If it gored the householder's ox, [its owner] is liable. If [the first man’s ox] fell into [the householder’s] cistern and polluted its water, he is liable. If [the householder’s] father or son was in [the cistern and it killed them] the ox’s owner must pay the ransom price. But if he had brought his ox in by permission the owner of the courtyard is liable. Rabbi says: “In no case is [the householder] liable unless he had agreed to watch over it.

4
English · Joshua Kulp

If an ox intended [to gore] another ox and struck a woman and her offspring came forth [as a miscarriage], its owner is not liable for the value of the offspring. But if a man intended to strike his fellow and struck a woman and her offspring came forth [as a miscarriage], he must pay the value of the offspring. How does he pay the value of the offspring? They assess the value of the woman before she gave birth and the value after she gave birth. Rabban Shimon ben Gamaliel said: “If so, once a woman gives birth she is more valuable. Rather, they assess how much the offspring would be worth, and he pays it to the husband, or if she has no husband to his heirs.” If she was a freed bondwoman or a proselyte no penalty is incurred.

5
English · Joshua Kulp

If a man dug a pit in a private domain and opened it into the public domain, or if he dug it in the public domain and opened it into a private domain, or if he dug it in a private domain and opened it into another private domain, he is liable [if any is injured by the pit]. If he dug a pit in the public domain and an ox or ass fell into and died, he is liable. No matter whether he digs a pit, trench, or cavern, or ditches or channels he is liable. If so, why does it say “a pit” (Exodus 21:33)? Just as a pit which is deep enough to cause death is ten handbreadths deep, so anything is deep enough to cause death if it is ten handbreadths deep. If they were less than ten handbreadths deep and an ox or an ass fell in and died, the owner is not liable; but if it was damaged he is liable.

6
English · Joshua Kulp

If a pit belonged to two partners and one went over it and did not cover it, and the other also went over it and did not cover it, the second one is liable. If the first covered it and the second came and found it uncovered and did not cover it, the second one is liable. If he covered it properly and an ox or an ass fell into it and died, he is not liable. If he did not cover it properly and an ox or an ass fell into it and died, he is liable. If it fell forward [not into the pit, frightened] because of the sound of the digging, the owner of the pit is liable. But if backward [not into the pit, frightened] because of the sound of the digging, he is not liable. If an ox and all of its trappings fell into it and they broke, or if an ass fell into it with its trappings and they were torn, he is liable for the beast but exempt for the trappings. If an ox that was deaf, insane or young fell in, the owner is liable. If a boy or a girl or a slave or a bondwoman fell in, he is not liable.

7
English · Joshua Kulp

An ox and all other beasts are alike under the laws concerning falling into a pit, keeping apart from Mount Sinai, two-fold restitution, the restoring of lost property, unloading, muzzling, diverse kinds, and the Sabbath. So to wild animals and birds. If so, why is it written “an ox or an ass”? But Scripture spoke of prevailing conditions.

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Mishnah, ed. Romm (Vilna, 1913). Public domain. Digital text from Sefaria (sefaria.org). · Source ↗

Mishnah Yomit, translated by Dr. Joshua Kulp (Conservative Yeshiva, Jerusalem). CC BY. Text from Sefaria (sefaria.org). · Source ↗

English translation: Mishnah Yomit by Dr. Joshua Kulp (Conservative Yeshiva, Jerusalem), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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