Bava Kamma 25 - Ox on the Premises of Damaged Party (Torts)

If an ox gored, pushed, bit, squatted, or kicked and thereby damaged something, then in the public domain, its owner pays half the damages. On the premises of the injured party, Rabbi Tarfon says: "Full damages," but the Sages say: "Half damages."

Rabbi Tarfon said: "Consider a lenient case of tooth or foot in the public domain, where the owner is not liable to pay at all, yet on the premises of the damaged party, the owner would pay full damages. Is it not logical to require full payment in my stricter case?" And the Sages? Logic can make the payment equal but not increase it.

Art: Ruined House by John Sell Cotman


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