(א) הַמַּנִּיחַ אֶת הַכַּד בִּרְשׁוּת הָרַבִּים וּבָא אַחֵר וְנִתְקַל בָּהּ וּשְׁבָרָהּ - פָּטוּר. וְאִם הֻזַּק בָּהּ - בַּעַל הֶחָבִית חַיָּב בְּנִזְקוֹ.
נִשְׁבְּרָה כַדּוֹ בִּרְשׁוּת הָרַבִּים, וְהֻחְלַק אֶחָד בַּמַּיִם, אוֹ שֶׁלָּקָה בַחֲרָסֶיהָ - חַיָּב. רַבִּי יְהוּדָה אוֹמֵר: בְּמִתְכַּוֵּן, חַיָּב. בְּאֵינוֹ מִתְכַּוֵּן, פָּטוּר.
(ב) הַשּׁוֹפֵךְ מַיִם בִּרְשׁוּת הָרַבִּים, וְהֻזַּק בָּהֶן אַחֵר - חַיָּב בְּנִזְקוֹ.
הַמַּצְנִיעַ אֶת הַקּוֹץ, וְאֶת הַזְּכוּכִית, וְהַגּוֹדֵר אֶת גְּדֵרוֹ בְּקוֹצִים, וְגָדֵר שֶׁנָּפַל לִרְשׁוּת הָרַבִּים, וְהֻזְּקוּ בָהֶן אֲחֵרִים - חַיָּב בְּנִזְקָן.
(ג) הַמּוֹצִיא אֶת תִּבְנוֹ וְאֶת קַשּׁוֹ לִרְשׁוּת הָרַבִּים לִזְבָלִים, וְהֻזַּק בָּהֶן אַחֵר - חַיָּב בְּנִזְקוֹ, וְכָל הַקּוֹדֵם בָּהֶן זָכָה.
רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: כָּל הַמְקַלְקְלִין בִּרְשׁוּת הָרַבִּים וְהִזִּיקוּ - חַיָּבִין לְשַׁלֵּם, וְכָל הַקּוֹדֵם בָּהֶן זָכָה.
הַהוֹפֵךְ אֶת הַגָּלָל בִּרְשׁוּת הָרַבִּים, וְהֻזַּק בָּהֶן אַחֵר - חַיָּב בְּנִזְקוֹ.
(ד) שְׁנֵי קַדָּרִין שֶׁהָיוּ מְהַלְּכִין זֶה אַחַר זֶה, וְנִתְקַל הָרִאשׁוֹן וְנָפַל, וְנִתְקַל הַשֵּׁנִי בָּרִאשׁוֹן - הָרִאשׁוֹן חַיָּב בְּנִזְקֵי שֵׁנִי.
(ה) זֶה בָּא בְחָבִיתוֹ, וְזֶה בָּא בְקוֹרָתוֹ, נִשְׁבְּרָה כַדּוֹ שֶׁל זֶה בְּקוֹרָתוֹ שֶׁל זֶה - פָּטוּר, שֶׁלָּזֶה רְשׁוּת לְהַלֵּךְ וְלָזֶה רְשׁוּת לְהַלֵּךְ.
הָיָה בַעַל קוֹרָה רִאשׁוֹן, וּבַעַל חָבִית אַחֲרוֹן, נִשְׁבְּרָה חָבִית בַּקּוֹרָה - פָּטוּר בַּעַל הַקּוֹרָה. וְאִם עָמַד בַּעַל הַקּוֹרָה, חַיָּב. וְאִם אָמַר לְבַעַל הֶחָבִית "עֲמֹד" - פָּטוּר.
הָיָה בַעַל חָבִית רִאשׁוֹן וּבַעַל קוֹרָה אַחֲרוֹן, נִשְׁבְּרָה חָבִית בַּקּוֹרָה, חַיָּב. וְאִם עָמַד בַּעַל חָבִית, פָּטוּר. וְאִם אָמַר לְבַעַל קוֹרָה עֲמֹד, חַיָּב. וְכֵן זֶה בָא בְנֵרוֹ וְזֶה בְפִשְׁתָּנוֹ:
(ו) שְׁנַיִם שֶׁהָיוּ מְהַלְּכִין בִּרְשׁוּת הָרַבִּים אֶחָד רָץ וְאֶחָד מְהַלֵּךְ, אוֹ שֶׁהָיוּ שְׁנֵיהֶם רָצִים, וְהִזִּיקוּ זֶה אֶת זֶה - שְׁנֵיהֶם פְּטוּרִין.
(ז) הַמְבַקֵּעַ בִּרְשׁוּת הַיָּחִיד וְהִזִּיק בִּרְשׁוּת הָרַבִּים, בִּרְשׁוּת הָרַבִּים וְהִזִּיק בִּרְשׁוּת הַיָּחִיד, בִּרְשׁוּת הַיָּחִיד וְהִזִּיק בִּרְשׁוּת הַיָּחִיד אַחֵר - חַיָּב.
(1) [If] one places a jar in a public domain and another comes and trips on it and breaks it, he is exempt [from damage to the jar]. And if he was injured by it, the barrel's owner is liable for his damages. [If] one's jar broke in a public domain and another slipped in the [spilled] water, or was injured by its shards, [the jar's owner is] liable. Rabbi Judah says, if intentional, he is liable. If unintentional, he is exempt.
(2) [If] one pours water in a public domain, and another is damaged by it, he is liable to pay damages. One who hides thorns or glass [in the public domain], or one who builds his fence [bordering the public domain] with thorns, or a fence that falls into the public domain -- if others were injured, he is liable to pay their damages.
(3) [If] one brings his straw [or thatch] into the public domain for fertilizer and another was damaged by them, he is responsible for the damage. And [furthermore], anyone who first [takes possession] of them is entitled [to the straw]. Rabbi Shimon ben Gamaliel says, anyone who destroys [objects] in the public domain, thereby causing damage is responsible to pay, and anyone who first [takes possession] of them is entitled. [If] one turns over dung in the public domain and another is damaged by it, he is responsible for the damage.
(4) [In the case of] two potters who were walking one behind the other, and the first tripped and fell, and the second tripped on the first, the first [potter] is liable for the damage to the second [potter].
(5) One came with his barrel and one came with his beam. [If] this one's jug were broken on this one's beam, [the beam's owner] is exempt, because this one has permission to walk and this one [also] has permission to walk. If the beam's owner was in front, and the barrel's owner was behind, [then] if the barrel broke on the beam, the beam's owner is exempt. [But] if the beam's owner stopped, he is liable. [But] if he said to the barrel's owner, "Stop," he is exempt. If the barrel's owner was in front, and the beam's owner was behind, [then] if the barrel broke on the beam, then he is liable. [But] if the barrel's owner stopped, he is exempt. [But] if he said to the beam's owner, "Stop," he is liable. So too [the case of] one who comes with his candle and one with his flax.
(6) [In the case where] two people were traveling in the public domain, one running and the other walking, or if both were running, and they damaged each other, both are exempt.
(7) [If] one was splitting [wood] in a private domain and [thereby] caused damage in the public domain, or [split wood] in the public domain and caused damage in a private domain, or [split wood] in a private domain and caused damaged in a different private domain, he is liable.
(8) [If] two oxen that are categorized as "tam" (meaning that they have not proven themselves "muad", or prone to causing injury) injured each other, they pay half-damages of the excess (i.e., the damages to one are subtracted from the damages to the other, the difference is calculated, and the owner of the ox that caused the greater damage pays half the difference). [If] both [oxen] are categorized as "muad" (prone to causing damage), they pay full damages of the excess. [In the case where] one [ox] is a "tam" and one is a "muad": [If] the "muad" injures the "tam", its owner pays full damages of the excess. [If] the "tam" injures the "muad", its owner pays half-damages of the excess. And similarly, [in the case of] two men who injured each other, they pay full damages of the excess. [If] a man injured a "muad" [ox] and the "muad" injured the man, they pay full damages of the excess. [If] a man injured a "tam" [ox] and the "tam" injured the man: [If the injury caused by the] man to the "tam" [is greater] then he pays full damages of the excess. [If the injury caused by the] "tam" to the man [is greater] then he [the owner of the ox] pays half-damages of the excess. Rabbi Akiva says, even [in the case where the injury caused by the] "tam" to the man [is greater], he [the owner of the ox] pays full damages of the excess.
(9) [Regarding the case of ] an ox worth a maneh (100 zuz) that gored an ox worth 200 [zuz] and the carcass is worthless, he [the owner of the dead ox] takes the [live] ox. [Regarding the case of ] an ox worth a 200 [zuz] that gored an ox worth 200 [zuz] and the carcass is worthless: Rabbi Meir says, this is the case referred to by the verse (Exodus 21:35), "And they shall sell the live ox and divide its worth." Rabbi Judah said to him, "And is this truly the law?" You have fulfilled [the verse], "And they shall sell the live ox and divide its worth," but you have not fulfilled [the continuation of the verse] "And they shall also divide the dead [ox]." How is this? This refers to [the case of] an ox worth a 200 [zuz] that gored an ox worth 200 [zuz] and the carcass is worth 50 zuz, that this one takes half the value of the live [ox] and half the value of the dead [ox], and this one takes half the value of the live [ox] and half the value of the dead [ox].
(10) There is [a case] where one is liable for the action of his ox, but exempt from his own action, [and a case] where he is exempt for the action of his ox, but liable for his own action. [If] his ox embarrassed [another person], he is exempt. [But if] he embarrassed [another person], he is liable. [If] his ox blinded the eye of his slave or knocked out his tooth, he is exempt. [But if] he blinded the eye of his slave or knocked out his tooth, he is liable. [If] his ox injured his father or mother, he is liable. [But if] he injured his father or mother, he is exempt (from monetary damages). [If] his ox lit a pile of grain on the Sabbath, he is liable. [But if] he lit a pile of grain on the Sabbath, he is exempt (from monetary damages). [In the last 2 cases, he is exempt from monetary damages] because he is liable for capital punishment.
(11) [If] an ox was chasing after another ox, and caused damage. This one says "Your ox damaged," and this one says, "No, your ox was injured on a rock," the burden of proof is upon the one who wishes to be compensated. If two [oxen] were chasing after one [ox], this one says, "Your ox damaged," and this one says, "Your ox damaged," both are exempt. If both [oxen] belonged to a single owner, both are liable. If one was large and one was small, and the injured [owner] says, "The large one damaged," and the one who damaged says, "No, the small one damaged" ... [Or If] one was a "tam" (not observed to habitually inflict damage) and one was a "muad" (observed to habitually inflict damage), and the injured [owner] says, "The 'muad' damaged," and the injurer says, "No, the 'tam' damaged" ... ... [in these cases] the burden of proof is upon the one who wishes to be compensated. If two [oxen] were damaged, one large and one small, and two [oxen] caused the damage, one large and one small... ... The injured [owner] says, "The large one damaged the large one and the small one damaged the small one," and the one who damaged says, "No, the small one injured the large one and the large one injured the small one" ... [Or if] one was a "tam" and one was a "muad," and the injured [owner] says, "The 'muad' damaged the large one and the 'tam' damaged the small one," and the one who damaged says, "No, the 'tam' injured the large one and the 'muad' injured the small one" ... ... [in these cases] the burden of proof is upon the one who wishes to be compensated.
תנו רבנן: חסידים הראשונים היו מצניעים קוצותיהם וזכוכיותיהם בתוך שדותיהן ומעמיקים להן ג' טפחים, כדי שלא יעכב המחרישה.
רב ששת שדי להו בנורא.
רבא שדי להו בדגלת.
אמר רב יהודה: האי מאן דבעי למהוי חסידא לקיים מילי דנזיקין.
רבא אמר: מילי דאבות, ואמרי לה: מילי דברכות:
פירוש עדין שטיינזלץ על התלמוד
רב ששת שדי להו בנורא [היה זורק אותם, את קוציו, באש],רבא שדי להו בדגלת [היה זורק אותם בתוך נהר חדקל] הכל כדי שלא להזיק את הבריות.
אמר רב יהודה: האי מאן דבעי למהוי חסידא [מי שרוצה להיות חסיד] — לקיים מילי [שיקיים את הדברים] של מסכת נזיקין כדי שיימנע מלהזיק את חביריו. רבא אמר שיקיים מילי [הדברים]שנאמרו במסכת אבות, ואמרי לה [ויש אומרים]: מילי [הדברים]שנידונים במסכת ברכות.