Translation:Shulchan Aruch/Choshen Mishpat/403

Paragraph 1- We appraise the broken parts in damage cases. If the damaged item was a vessel or one’s animal, we do not tell the tortfeasor to give the victim a full vessel and takes the broken parts. Rather, we appraise how much the value of the item went down because it broke, and the victim will take the broken parts, and the tortfeasor will pay to make him whole.

Paragraph 2- Any depreciation to the carcass would be borne by the victim. Any appreciation would be divided between the tortfeasor and victim. How so? If an ox worth 200 was gored and died, and at the time of death the carcass was worth 100, but it depreciated and was only worth 80 at the time of litigation, the tortfeasor would only pay 100. If the damaging animal was unwarned, the owner would pay 50 from the actual animal. ''This is only where the victim was aware of the incident at the time of death. If he was unaware, however, the depreciation would be borne by the tortfeasor until he informs the victim. There are those who say the same would apply if it went down in cost. There are those who disagree and say that where it went down in cost, even if the victim was unaware, he would bear the depreciation.'' If the value of the carcass appreciated, and was now worth 120 at the time of litigation, the tortfeasor would pay 90. If the damaging animal was unwarned, he would pay 45 from the actual ox. This is a function of “and they shall also divide the dead animal.” If the animal appreciates so much that half the appreciation was now worth more than the cost of the damage, however, we would not say that the tortfeasor would take half the appreciation and turn a profit.

Paragraph 3-The tortfeasor has the burden of dealing with the carcass until he can present it to the victim. How so? If, for example, the ox fell into a pit and died, the tortfeasor would lift it from the pit, give it to the victim and then appraise the depreciation of the carcass, as the verse states, “the money shall be returned to its owners and the deceased will belong to him,” which teaches that the tortfeasor is required to return the carcass and the depreciation the victim suffered from the living animal or, in the case of an unwarned animal, half the depreciation.