The Torn Beast and the Line Between Accident and Neglect

"If it is indeed torn" (Exodus 22:12): this refers to the herd, the words of Rabbi Yoshiyah. Although there is no proof for the matter, there is a hint of it: "Thus says the LORD: as the shepherd rescues from the mouth of the lion two legs or a piece of an ear" (Amos 3:12). "Let him bring it as evidence." Rabbi Yochanan son of Rabbi Yoshiyah says: "let him bring it as evidence" means let him bring witnesses that it was torn by unavoidable accident. Abba Shaul says: let him bring its testimony to the court, and so it says "as the shepherd rescues from the mouth of the lion." "Let him bring it as evidence, the torn beast": let the bailee lead the owner to the torn carcass and he shall be exempt from paying. Or perhaps even so he is liable to pay; reason would suggest it, since loss is a failure of safekeeping and a tearing is a failure of safekeeping; if you have learned regarding loss that he must pay, so too for a tearing he should pay. Scripture says "the torn beast he shall not pay." One might think he does not pay for any torn beast; Scripture says "if it is indeed torn," speaking of two kinds of tearing. "The torn beast he shall not pay." There is a tearing for which he pays and a tearing for which he does not pay. Which tearing is he liable to pay for? For example, the tearing by a cat or a fox. And which tearing is he exempt from? For example, the tearing by a lion or a wolf. Whatever comes by the way of unavoidable accident, he is exempt; whatever does not come by unavoidable accident, he is liable. Just as the Torah distinguished between one tearing and another, and between one accident and another, so distinguish between one death and another, between one injury and another, and between one capture and another. Between one death and another, how? If the beast was grazing before him and fell and died, he is exempt. If he afflicted it, starved it, or shut the door before it so that it fell and died, he is liable. Between one injury and another, how? If it was grazing before him at the entrance of the city gate and fell and was injured, he is exempt. If he led it up to the tops of cliffs, drove them along one path and shoved one against another so that it fell and was injured, he is liable. Between one capture and another: if it was grazing before him at the entrance of the city and a troop came and took it, he is exempt. If he walked it to a place of marauders and bandits, and a troop came and took it, he is liable.