Jul 282016

The mishna said that if an animal falls into someone’s property and benefited, the owner pays what he benefited.   What type of benefit is the mishna discussing – eating or that the produce softened the fall?   Does it make a difference what caused the animal to fall?  What if the animal moved to a different area of the field and ate there – is the owner still exempt from damages and only pays what he benefited?  There are a number of different opinions. How does one assess damages an animal does to someone else’s field?  Different opinions are brought.  The main opinion is that it is evaluated based on a field that is 60 times larger (within that, there are a few varying interpretations).  The rabbis question whether this method of assessing is true also for a person who damages another’s field or only if it is their property that caused the damage.

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