Translation:Mishnah/Seder Nezikin/Tractate Bava Kamma/Chapter 1/3

Hebrew Text

שום כסף, ושווה כסף--בפני בית דין, ועל פי עדים בני חורין בני ברית
 
והנשים בכלל הנזק
 
והניזק והמזיק בתשלומין

Translated Text

Assessment of monetary liability and monetary equivalence takes place before a constituted court and with the agreement of witnesses who are free men and members of the covenant.

And women are equal with regard to damages.

And the plaintiff and the defendant may share in the proceeds of sale.

Commentary

"Assessment"- The court may conduct two separate assessments after it has found the defendant liable. First, they determine the value of the injured properties and set the damages the defendant must pay. The defendant may choose to pay the damages in cash, or real or movable properties. Second, If the defendant chooses to transfer some of his properties to the plaintiff in order to fulfill the order of the court, the court assesses those properties to ensure they are of proper value.

"A constituted court"- They must be competent (Heb., mumhim) to rule in these areas.

"Witnesses"- Who testify to the damage before the court. The testimony of slaves and non-Jews was generally excluded in the Rabbinic court. However, the Mishnah records a number of circumstances when the court could accept potentially invalid testimony. See, for instance, Mishnah Sanhedrin 3:2.

"Women"- Under Rabbinic law both women and men may initiate lawsuits as plaintiffs, and are equally subject to the same duties of care as defendants.

"proceeds of sale"- In the case of a tame ox who gored a plaintiff's ox, the court could order the sale of the oxen and split the proceeds between the plaintiff and the defendant. See Exodus 21:35 and Mishnah Bava Qamma 3:9, 4:1.