Bava Kamma 55B

מתני׳ הכונס צאן לדיר, ונעל בפניה כראוי, ויצאה והזיקה ⁠– פטור. לא נעל בפניה כראוי, ויצאה והזיקה ⁠– חייב.

Mishnah: In the case of one who brought his flock of sheep into the pen and locked the door before it in a manner that is appropriate, and despite this sheep went out and caused damage in another person’s field by eating produce or trampling it, the owner is exempt, since he safeguarded the animals appropriately. If he did not lock the door before the sheep in a manner that is appropriate, and sheep went out and caused damage, the owner is liable, since his negligence led to the damage.

נפרצה בלילה או שפרצוה לסטים, ויצאה והזיקה ⁠– פטור. הוציאוה לסטים ⁠– לסטים חייבין.

If the owner locked the door appropriately but the wall of the pen was breached at night, or bandits breached it, and sheep subsequently went out and caused damage by eating or trampling, the owner of the sheep is exempt from liability. If the bandits themselves took the sheep out of the pen and the animals subsequently caused damage, the bandits are liable.

הניחה בחמה, או שמסרה לחרש שוטה וקטן, ויצאה והזיקה ⁠– חייב.

If the owner left the animal in the sun, causing it to suffer, or if he conveyed it to a deaf-mute, an imbecile, or a minor, who are not able to safeguard it, and the animal went out and caused damage, the owner is liable because he was negligent.

מסרה לרועה ⁠– נכנס הרועה תחתיו.

If the owner conveyed the animal to a shepherd to care for it, the shepherd enters in his place and is responsible for the damage.

נפלה לגינה ונהנית ⁠– משלמת מה שנהנית. ירדה כדרכה והזיקה ⁠– משלמת מה שהזיקה. כיצד משלמת מה שהזיקה? שמין בית סאה באותה שדה ⁠– כמה היתה יפה, וכמה היא יפה.

If the animal fell into a garden and derives benefit from produce there, its owner pays for the benefit that it derives and not for other damage caused. If the animal descended into the garden in its usual manner and caused damage there, its owner pays for what it damaged. How does the court appraise the value of the damage when the owner pays for what it damaged? The court appraises a large piece of land with an area required for sowing one se’a of seed [beit se’a] in that field, including the garden bed in which the damage took place. This appraisal includes how much it was worth before the animal damaged it and how much is it worth now, and the owner must pay the difference. The court appraises not only the garden bed that was eaten or trampled, rather the depreciation in value of the bed as part of the surrounding area. This results in a smaller payment, as the damage appears less significant in the context of a larger area.