Bava Kamma 1:3 - 1:4

שום כסף – this assessment of damages will not be other than with money, so that the Jewish court will assess how much the damage is worthy and he (i.e., the one who caused the damage) will pay him. But if the cow of Reuven damaged the tallit/garment of Shimon as it tread upon it in the domain of the who was damaged and broke it and afterwards it happened that the foot of Reuven’s cow was broken by the garment of Shimon in the public domain and it was also a pit in the public domain, we don’t say that since this one did damage and the other one did damage, this one’s damage was excluded by the damage of the other, but they assess the two damages monetarily – and the one who damaged his fellow more pays.

שוה כסף – and when they come to pay the damages from the property of the orphans and they do not collect other than land that has monetary value and not from movables which are themselves money. And all movable things are considered as if it is money, for if he doesn’t sell it here, he will sell it in another town.

בפני ב"ד – for the assessment and the payment of damages do not take place other than in from of a Jewish court of experts, and not before a Jewish court of lay persons.

ועל פי עדים בני חורין ובני ברית – to exclude salves and idolaters who are not fit for serving as witnesses of damages.

והנשים בכלל הנזק – whether she caused damages to others or whether others caused damage to her, the claim of a man and the claim of a woman are equivalent in damages.

הניזק והמזיק בתשלומין – sometimes that one who suffered damage belongs with the one who causes damages in payments of the one who suffered damage, such as if the worth of the carrion became less from the time that it died until the time that it was brought to justice, for the lessened [value] of the carrion belonged to the one who suffered damage whether it was an innocuous animal or one whose owner had been warned after it committed damage (see Tractate Bava Kamma, Chapter 2, Mishnah 4), and it is found that the one who did damage does not pay him even the one-half damages that the Torah made him worthy of if the animal was innocuous, or full damages if it was a warned animal, for the one who suffered damages loses money and is attached to these damages as is the one who causes the damage.

חמשה תמין – that are not accustomed to cause damage, and if they do cause damage, they pay one-half the damage.

וחמשה מועדין – the are accustomed to cause damage and pay full damages.

לא ליגף – with the horn.

ולא ליגוף – pushing the entire body and all of them are derivatives of the “horn” and they (i.e., the owners) pay half-damages. These are the five innocuous actions of animals.

ושור המועד – three times to gore or to push or lie down or kick or bite these are the five actions of animals whose owners have been warned who have to pay full damages, and concerning a warned animal, each one is considered one [kind of damage].

ושור המזיק ברשות הניזק – even a horn of an innocuous animal, for an owner warned about its animal pays full damages and our Mishnah brings according to the one who states that the corner of the courtyard of the one who suffers damages as he pays full damages, and even if the animal is innocuous. But the Halakha is not like this.

והאדם – is considered warned from his beginning, also and pays full damages if he caused damages (see Tractate Bava Kamma, Chapter 2, Mishnah 6).

[הזאב] והארי וכו'- their owners are considered as warned from their beginnings, and they are not considered as within the five kinds of damages listed above so that there are eleven animals considered as warned because these do not belong in society.

ברדלס – a beast that we call in Arabic “Eltzabah.”

רבי אליעזר אומר וכו' – but the Halakha is not according to Rabbi Eliezer.

מן העליה – from the best of his property, and even if the goring is not worth the measure of the damage of the “warned” animal (as it is written (Exodus 21:36): “[and its owner has failed to guard it] he must restore ox for ox”, but it is not written there “that from the body of the goring animal, he will be paid.”