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Baba Kama 2:1-2

Baba Kama 2:1

An animal is presumed to cause damage by breaking things while walking as follows: if it breaks things by walking naturally, if it kicks, or if debris flies out from under its feet and broke utensils, the owner pays half-damages. If the animal trampled a utensil and broke it, causing the broken utensil to fall and break another utensil, the owner pays full damages for the first utensil and half-damages for the second. There is a presumption that chickens will cause damage if they break something while walking naturally; if their feet are tied or if they broke utensils while hopping, then the owner pays half-damages.

Baba Kama 2:2

An animal is presumed to cause damage by eating something that is appropriate for it as follows: if it ate fruits and vegetables. If it ate a garment or utensils, the owner pays half-damages. The owner pays full damages for the animal eating produce if it happened in the injured party’s domain; if it happened in the public domain, he is exempt. If the animal benefitted from what it ate, the owner must pay the value of the benefit. This is the case when the animal ate from a place that is open and accessible; if it ate from fruit on the sides (which are not normally accessible to animals), then the owner pays the cost of the damage. If the animal ate from fruit at the shop’s entrance, the owner pays what the animal benefitted; if it ate from inside the shop, he pays the cost of the damage.

Author: Rabbi Jack Abramowitz