Baba Kama 1:3-4

Baba Kama 1:3

The value of damage caused, to be paid in land or in cash, is determined in court based on the testimony of witnesses who are free Jews. The laws of damages also apply to women. Sometimes the responsible party and the injured party split the damages.

Baba Kama 1:4

Five things do not have a presumption of causing damage (tam) and five things have a presumption that they do cause damage (muad). It is not presumed that an animal will gore, push, bite, lie or kick. It is presumed that it will eat something that is appropriate food for it and that it will break something as it walks, an ox is presumed to cause damage after its owner has been warned and by entering the injured party’s domain, and a human has a presumption of causing damage. It is presumed that a wolf, lion, bear, panther, leopard and snake will all cause damage. Rabbi Eliezer says there is no such presumption when they are trained but there is always a presumption that a snake will cause damage. The difference between the animal not presumed to cause damage (tam) and one that is so presumed is that a tam pays half-damages from proceeds made by selling the offending animal while a muad pays full damages from the owner’s best land.