Sending the Beast Into Another's Field and Who Bears the Loss

Yalkut Shimoni on Torah 344:2

Curated by Arthur·Told by Maggid·

Another interpretation: "If a man causes to be grazed over," and so on - to make him liable for this on its own and for that on its own [for the tooth and for the foot as separate liabilities]. "A field or vineyard": just as a vineyard has produce, so too the field has produce. "And he sends his animal": from here they said: if he handed his flock over to his bondman or to his agent, he is exempt. If he handed it to a deaf-mute, an imbecile, or a minor, he is liable. "And it grazes in another's field": Rabbi Nathan says: now consider one who stacks his grain within his fellow's field without permission, and the householder's animal goes out and damages it - I might apply to the owner the verse "and he sends his animal." Scripture therefore teaches, "in another's field" [the damage must occur in a field that is properly the other party's domain]. "The best of his field and the best of his vineyard" - of the one who caused the damage; these are the words of Rabbi Ishmael. Rabbi Akiva says: the verse comes to teach you that damages are assessed from the best land, and all the more so concerning consecrated property.

Themes

LawCommandmentsDivine Justice

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